Appendix — In re Knowlton

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nod 71 9 NOV3 2000

OFFICE OF THE CLERK

IN THE

- SUPREME COURT OF THE UNITED STATES

In Re: Patrick James Knowlton, Petitioner

PETITION FOR WRIT OF MANDAMUS

PETITIONER'S APPENDIX

Volume 2 of 2 volumes

John H. Clarke

Counsel of Record

1730 K Street, NW

Suite 304

Washington, DC 20006

(202) 332-3030

CONTENTS * Petitioner's proffer in

the District Court

VOLUME II

Appendix A* Proposed amended Appendix to the OIC's

interim July 15, 1997, Report on the Death

of Vincent W. Foster. Jr., June 23, 1999,

Oe I aiatiticsichackitidslestviieincldicpina Bhrcintioinin ea ects icc ]

Summary of contents.............sccsccccsseseeeeeeeeess. 3

Me iciitcciicicicaiitssiiiibieiniitlesind 27

RMD aibiicsaiintibncddebinshediiticlinasinisbsditidimiinicad 483

Note 32, Correspondence with Congress...520

Appendix B: List of exhibits to proposed amended

Appendix to the OIC's interim July 15, 1997,

Report on the Death of Vincent W. Foster. Jr.,

PE Eg Pi iinicchiinibdilbabipetiaisiinnnniibiivicksace -341-561

VOLUME I

Appendix A: Docket sheet — United States District Court

for the District of Columbia, IN RE GRAND

JURY Misc. No. 0036 (NHJ) - UNDER SEAL

Docket sheet -- United States Court of Appeals

for the District of Columbia Circuit, No. 00-3081

(Misc. No. 0036) — (initial filings due 10/5/00)

I ssi tceshbpeih Sena hicai teak dn as dncdibastactemeesc, ]

Appendix B: District Court Order UNDER SEAL....0....-cccccssees. 4

Appendix C* Appendix to the OIC's interim July 15, 1997,

Report on the Death of Vincent W. Foster, Jr.,

. :

Appendix D* Second Amended Complaint (verified), October

21, 1998, Knowlton v. Edwards et al., United

States District Court for the District of

Columbia, Civil Action No. 96-2467.........0.0........... 28

Appendix E* Affidavit of Kathryn Kaplan,

Cetin Di, VD ais ssincsdisiccinitcenealsiapcaa niacin

Appendix F* Polygraph Examination Report, Affidavit of

Paul K. Minor, May 2, 1997 (10-page

Curriculum Vitae not included).................00....04.

Appendix G* Affidavit of Christopher Ruddy,

Mapai a; WOU i ie.

Appendix H* Affidavit of Gene Wheaton, April 28, 1997

(12-page Curriculum Vitae not included)..........

Appendix I* Affidavit of Ted L. Gunderson, April 23, 1997

(5-page Curriculum Vitae not included) .............

Appendix J* Psychiatric Report of Dr. Thomas C. Goldman,

M.D., February 26, 1996, Affidavit

(Curriculum Vitae, & psychologist's

8-page Curriculum Vitae not included)................

Appendix K* Affidavit of Ambrose Evans-Pritchard,

WU FER Toi eiistecteitcetatiins etic ceeteeesaeienen

Appendix L* Affidavit of Patrick Knowlton,

pe 5 ERE IN i cae eR OD

Appendix M* Affidavit of John Clarke, June 21, 1999...............

Appendix N: Companion case Ordefs.................s-scssseesessesseeeeees

Appendix UNITED STATES COURT OF APPEALS

N-I: FOR THE DISTRICT OF COLUMBIA

CIRCUIT, Division 94-1 for the Purpose of

Appointing Independent Counsels

Motions of Patrick Knowlton

September 26, 1997: Order granting

motion for inclusion of Knowlton's

..100

102

103

105

20-page submission in the OIC's

Appendix to its Report on the Death of

Vincent W. Foster. Jr........-.---sssessesseesneeees 122

September 30. 1997: Order denying OIC's

motion to reconsider the Order for inclusion

of Knowlton's submission in the OIC's

Appendix to the OIC's Report on the

inal... csnnnensisonssasminennnsonnoneqsssontersonenesnt 123

September 14. 1999: Order dismissing for

lack of jurisdiction:

(1) Leave to amend Comments and

Factual information included in the

Appendix to the OIC's Report on the

Death;

(2) | Tocompel the OIC to produce grand

jury minutes,

(3) To present evidence to the grand jury:

1. Comments and Factual information

proposed to be an Appendix to the

OIC's interim report, and

2. Grand jury minutes

(4) Same Order granting unsealing of

"Motions and all documents filed

therewith, as well as the ‘Notice of

Service and Filing’ filed on

pendix IN THE UNITED STATES DISTRICT

N-2: COURT FOR THE EASTERN DISTRICT

OF VIRGINIA Alexandria Division

ROI MA cssncncesesnssacsemmnnreeressessennenseeh 2S

iii

Appendix UNITED STATES DISTRICT COURT

N-3: FOR THE DISTRICT OF COLUMBIA

; Knowlton v. United States et al.,

CA 96-2467

September 9. 1999: Order:

(1) Denying plaintiff's October, 1998,

motion for leave to amend complaint,

(2) Granting defendants’ motions for

summary judgment.................sscseesseees 128

November 29, 1999: Memorandum

Order denying plaintiff's Rule 59(e)

motion to alter or amend judgment............. 129 |

Appendix UNITED STATES COURT OF APPEALS

N-4: FOR THE DISTRICT OF COLUMBIA

CIRCUIT Knowlton v. Alouri, et al.,

No. 99-5433 (CA 96-2467)

June 27, 2000: Order granting appellees’

motions for summary affirmance................ 132

September 13, 2000: Order denying

appellant's petition for hearing and

petition for hearing en Danc...............:.-+000+ 134

SEE G:F iii seit ininiinsccitini 134

Appendix The Ethics in Government Act

O-1: of 1978, As Amended, 28 U.S.C.

NE piitingcintintcenincinnanenbeainn .135

Appendix Special Grand Jury, Chapter 216,

O-2: 180U.S.C. §§ 3331, 3332,

Summoning and term;

PIN I ctnscwccndccccnesesdencenss 138

Appendix Witness Tampering,

A Fae ia ee ieaicnis tect deicindtectecomnies 140

| ee en vn eT |

Appendix Conspiracy to interfere with civil

O-4: — rights, 42 U.S.C. § 1985 | eres

Appendix Rule 6 (e) of the Federal Rules of

O-S5: Criminal Procedure...................... posta

Appendix P: Two newspaper articles alleged to contain

information in violation of Rule 6 of the

Federal Rules of Criminal Procedure

Appendix January 6, 1995, Scripps Howard News

P-1* Service, "Nothing new on F oster,

sources say Starr backing Fiske on

Gopmonmion sieht oo sccssnesss.....,.. 143

Appendix February 22, 1995, The Wall Street Journal,

P-2* "Capital Secret: There may be less to

Whitewater than meets the DU sikninintnesins 145

Appendix Q* IN RE GRAND JURY Misc. No. 0036 (NHJ) —

UNDER SEAL

Law Orrices

JOHN H. Clarke

1730 K Sreecr. NW.

Suite 304

WASHINGTON, D.C. 20006

2O2) 332-3030

UNDER SEAL Special Division

The Honorable David B. Sentelle

The Honorable Richard D. Cudahy

The Honorable Peter T. Fay

UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Division 94-1 for the Purpose of

Appointing Independent Counsels

Re: Inre: Madison Guaranty

Savings & Loan Association

Report on the Death of Vincent W. Foster, Jr.

Patrick Knowlton's motions -

(1) To amend the Comments & Factual

Information included in the appendix to the

OIC's interim Foster Report, pursuant to the

Ethics in Government Act of 1978; and

(2) Motion to unseal

Dear Sirs:

In September 1997, the Court ordered the Office of

Independent Counsel ("OIC") to include Mr. Knowlton's filing in the

appendix to the OIC's interim Report on Mr. Foster's death. That

Report, inclusive of its appendix, is available from any government

printing office, document # 028-004-00095-8. Mr. Knowlton

respectfully asks the Court to order the OIC to substitute this work in

the place of his earlier filing, so that it too will be available as

document # 028-004-00095-8. Mr. Knowlton also respectfully asks

the Court to immediately unseal this filing.

The objects of the relief Mr. Knowlton seeks’ are the same as

those of our Ethics in Government Act’ -- to ensure that (1) justice is

See pp. 2-4 of Motions of Patrick Knowlton, filed herewith: (1) For

Leave to Amend Comments and Factual Information included in the

Appendix to the OIC's Interim Report on the Death of Vincent Foster...

(2) Unseal Comments and Factual Information Proposed to be an

Appendix to the OIC's Report & (3) Compel the OIC to produce his

grand jury minutes:

Patrick Knowlton respectfully prays that the Court grant him

leave to amend the Comments and Factual Information, attached

as an appendix to the OIC's interim Report by Order entered

September 26, 1997, and to substitute the enclosed Comments

and Factual Information in its place... Because of the

extraordinary public importance of the current debate on

whether to reenact our Ethics in Government Act, and the need

to promptly disseminate the information in the subject filing to

the American people, movant respectfully requests that the Court

consider the motion to unseal his filing on an expedited basis...

Summary of argument: ... The OIC's reliance on § 594 in filing

its interim, as opposed to a "final," Report, was in error. The

OIC's interim Report is unknown to the Act and this Court

therefore need adjudicate movant's rights under the Act. ***

Patrick Knowlton [also] respectfully moves the Court to unseal

his proposed comments and factual information. The common

law, the First Amendment to the Constitution, and the traditional

practice of this Court support the relief requested. Personal

privacy interest in non-disclosure, if any, is outweighed by the

public interest in the administration of justice. The Act

specifically authorizes this Court to unseal... *** A grand jury

witness has a general right to the transcript of his own grand jury

testimony when sought in connection with a judicial proceeding.

The Ethics in Government Act of 1978, 28 U.S.C. §§ 591-599 (1994)

[hereinafter also the "Ethics in Government Act,” the "Independent Counsel

Statute,” or "the Act"].

done, (2) justice appears to have been done, (3) those named in a

Report are afforded a measure of fairness, (4) reports are full and

complete, and (5) the Independent Counsel is accountable.

Summary of Contents

PrefACO....<..cccoccecccscsscscccscccscessscccssasscsccccssenccsesasscsccssessessscnsssocncsosossoees 4

Table of Content................c..cccscsscssccssssscsscncsessnsees se ssssssccsesoscsencenss 25

I. BACKGROUND............sscssscsccscsssssscessecsencerssssccsscscesesseseess 31

II. AUTHORITIES ARRIVE AT THE SCENE. .............+20++++ 77

Ill. OVERVIEW OF THE COMPARISON OF THE

IV.

VIL.

Vill.

PUBLICLY AVAILABLE EVIDENCE TO THE

OIC’S REPORT.........cccccssccssccsccccscssorscccsccssessoss s sscssensoeecees 120

EVIDENCE OF KNOWLEDGE OF THE

DEATH BEFORE THE OFFICIAL TIME OF

NOTIFICATION...........escssccssscosssssscsecsnccensssssscsosossossosnsoess 124

EVIDENCE THAT THE OIC CONCEALED THE

DISAPPEARANCE OF PHOTOGRAPHG.............:2++++++5 133

EVIDENCE THAT THE OIC COVERED UP THE

ABSENCE OF THE OFFICIAL MOUTH ENTRANCE

WOUND & HEAD EXIT WOUND, AND THE

EXISTENCE OF A NECK WOUND.........:cccccesessseseeees 158

EVIDENCE THAT THE OIC COVERED UP THAT

MR. FOSTER DID NOT FIRE OR OWN THE GUN

FOUND AT THE PARK..........:ccccessesssssesssseesssesene cr ereeneens 255

EVIDENCE CONTRADICTING THE OFFICIAL

CLAIM THAT MR. FOSTER DROVE TO THE

PARK... ccccosecconcoicsocsoacecsecnssosSsoscsossssesosenensescessescssonscecsocoosoce 295

X. INFERENCES TO BE DRAWN FROM

FE PA Tih vicccsinivcisscessiickeinagniecteintebanssonsansuinicassintbrenbiasihan 393

XI. STATE OF MIND........... J cicnaiinsatiunenntanhisdeiannitiinnaaneets 417

XII. INVESTIGATIVE HISTORY...............004 eiisivetnieathied 440

EE, CIN caer nctcicctinctcnsncsatntemnsniasdeieneniadaapiasiinssnesied 461

IIE vvncscccnniscnascecnintssnectnmsesbacinnbhenantnaiveammeiniavenanianinnasceiial 483

Preface

If the Court grants Patrick Knowlton's motion, this document

will forever be available from any government printing office. This

filing is for the public. It presents most of the available evidence of

cover-up. We believe that it proves, beyond doubt, the existence of a

conspiracy, a cover-up.

If a cover-up exists, Mr. Starr's Office of Independent

Counsel is infected with the very corruption it is designed to fight.

That is important. But more importantly, in light of the scrutiny we

are told our government has given the matter, if a cover-up has

survived now for almost six years, then the matter of the existence of

the conspiracy raises larger issues. Two of the three branches of our

government, the executive and the legislature, as well as the press,

did not function as intended. In the pages that follow, we are

examining whether our Constitutional system protects us from

government corruption, as the experiment of our founding fathers

envisioned. These questions about our democracy are not merely

academic.

The records filed in two District of Columbia federal courts

tell how Patrick Knowlton became embroiled in this case. One is his

20-page submission to the United States Court of Appeals, Special

Division for the Purpose of Appointing Independent Counsels, filed

on his behalf in accordance with the Independent Counsel Statute.

The Court ordered Mr. Starr's OIC, over its objection, to include

those 20 pages in its Appendix to Report on the Death of Vincent

Foster, Jr., a nine-page letter and eleven pages of exhibits. On

October 10, 1997, the OIC's Report on Mr. Foster's death, inclusive

of its Appendix, was released to the public. Another Court in which

Patrick Knowlton is proceeding is the United States District Court

for the District of Columbia, where his civil rights lawsuit is filed.

Excerpts from these two Court filings appear below.

Appendix to the OJC's Report on the Death of Vincent

Foster, Jr., September 23, 1997:

Facts. While heading home in heavy traffic on the

George Washington Memorial Parkway, and facing

over a two-hour commute, Patrick Knowlton pulled

into Fort Marcy Park at 4:30 p.m. on July 20th, 1993,

- to relieve himself. Patrick parked close to the main

footpath entrance into the park, between the only two

cars in the small parking lot, which were parked just

four spaces apart.

To Patrick's left was parked an unoccupied mid-1980s

rust-brown four-door Honda sedan with Arkansas

tags (closest to the footpath entrance), and on his right

was a late model metallic blue-gray sedan, backed

into its parking space. A man was seated in the

driver's seat of the blue-gray sedan. Immediately

after Patrick parked, the man lowered the passenger

side electric window and stared at him, menacingly.

This unnerved Patrick as he exited his car.

As he started from his car toward the footpath, Patrick

heard the blue-gray sedan's door open. Apprehensive,

Patrick walked to the sign bordering the footpath

entrance to the park and feigned to read its historical

information while nonchalantly glancing to his right

to see if the man was approaching. He saw the man

leaning on the roof of the driver's side of his blue-

gray sedan, watching him intently. Patrick then

cautiously proceeded 75 feet down the footpath's left

fork to the first large tree, in the opposite direction

from which Mr. Foster's body was later recovered.

As he relieved himself, Patrick heard the man close

his car door. Because the foliage was dense, he

couldn't see the parking lot and hoped the man wasn't

approaching. As Patrick walked back to the parking

lot with a heightened sense of awareness, he scanned

the lot but did not see the man. Patrick surmised that

the man had either gotten back in his car or perhaps

could :

even be crouching between the brown Honda and

Patrick's car preparing to attack him.

In order to maintain his distance from the space

between the two cars until he learned the man's

whereabouts, Patrick walked directly toward the

driver's side door of the brown Honda, and then

around the back of it. As Patrick reached the driver's

side door of the brown Honda, he looked through the

window. He also looked into the back seat as he

walked the length of the car. He saw a dark colored

suit jacket draped over the driver's seat, a briefcase on

the front passenger's seat, and two bottles of wine

cooler on the back seat. As he reached the back of the

Honda, Patrick was relieved to see that the man had

returned to his own vehicle. The man was still staring

fixedly at him.

Of the five things Patrick witnessed at the park ((1)

the man and his car, (2) the suit jacket, (3) the

briefcase, (4) the wine cooler, and (5) the mid-1980s

Arkansas brown Honda), the Honda itself is the most

relevant. It was not Mr. Foster's car. When Mr.

Foster's body was discovered approximately 70

minutes after Patrick had left the park, Mr. Foster had

been dead for well over 70 minutes. Mr. Foster

therefore could not have driven to the park in his

Honda, as claimed in the government Reports on the

death. 3

The following evening, Patrick saw on the news for

the first time that Vincent Foster had been found dead

at Fort Marcy Park, so he telephoned the U.S. Park

Police and reported what he had seen. Nine months

later, FBI Special Agent Larry Monroe... wrote in his

reports of those interviews that Patrick "identified this

particular vehicle [Honda] as a 1988-1990...," and

that Patrick "reiterated his description of this Honda

as a 1988-1990." This information was false and

known to be false." .

Eighteen months later, in October of 1995, Patrick

was provided a copy of his then publicly-available

FBI interview reports by a reporter for a London

newspaper. He realized for the first time that Monroe

had falsified his account of the car and other facts he

had recounted during his FBI interviews. His true

account, along with the contradictory information

fn. 2: Monroe tried for hours to get Patrick to admit

that the Foster's 1989 silver-gray Honda "could have

been" the car Patrick saw. Patrick steadfastly

responded, "No," repeating the description he had

provided to the Park Police by telephone. Monroe

falsified his interview report, writing that Patrick had

"identified" the Honda as a "1988-1990," despite the

fact that during his second FBI interview, Patrick had

picked out the same color he had seen on the mid-

—

1980s Honda from the "browns" section of the car

color panels in the FBI laboratory, and that color

corresponded to one available only on 1983 and 1984

Hondas.

from his FBI interview reports, was reported in the

London newspaper on Sunday, October 22, 1995.

Two days later, on Tuesday, October 24, the paper

reached American newsstands. That day, Mr. Starr's

office prepared a subpoena summoning Patrick to

testify before the Whitewater grand jury in this

courthouse on November 1, 1995. Two days after

that, Thursday, October 26, FBI agent

Russell Bransford served the secret grand jury

subpoena.

Beginning that same day he was subpoenaed, and

continuing into the following day, Patrick was

harassed... Experts tell us that the technique is known

to federal intelligence and investigative agencies, and

that its objects were twofold: (i) to intimidate and

warn Patrick in connection with his grand jury

testimony; and failing that, (ii) to destabilize him and

discredit his testimony before the grand jury.

It worked.

* * *

[P]rior to Mr. Starr's appointment to head the

statutory OIC in August of 1994, the only substantive

investigations into the case, with the sole exception of

the U.S. Park Police investigation (conducted with

fn. 3: Agent Bransford had been detailed to

regulatory Independent Counsel Fiske's investigation,

where he worked with Agent Monroe. Bransford told

Patrick he had been "kept on under Starr."

evidence that the FBI concealed the true facts

surrounding Mr. Foster's death.™®

—

FBI participation), were conducted by the FBI.™

The publicly-available federal government record

upon which the Fiske Report is based is replete with

* * *

The fundamental purposes of our Ethics in

Government Act are (1) to ensure that justice has

been done and (2) to preserve and promote public

confidence in the integrity of the federal government

by maintaining the appearance that

justice has been done. In light of (1) the FBI's

Statutory mandate to exercise primary jurisdiction in

July of 1993 in the event of foul play, (2) two prior

FBI findings of no criminal activity, and (3) evidence

of a cover-up by the FBI already in the public

domain, the OIC's use of the FBI in this matter

undermines both purposes of the Act. No OIC can

fulfill its mandate to preserve and protect the

appearance of justice having been done when its

investigation

fn. 8: There have been no other official

investigations. The 1994 Senate Banking Committee

was precluded by the limited scope of Resolution 229

from independently exploring the issue of how or

where Mr. Foster died ("whether improper conduct

occurred regarding... the Park Service Police

investigation into the death..."). [Ranking

Republican, Committee on Government Operations,

U.S. House of Representatives, William F .] Clinger

did not investigate and Senator D'Amato's Committee

did not explore these issues.

fn. 9: ifuch evidence of obstruction of justice by the

FBI is documented in Patrick's lawsuit in this District

Court (No. 96-2467) for inter alia, violation 0. °2

U.S.C. § 1985(2), "... Obstructing justice;

intimidating... witness...

employs the very agency it is designed to be

independent from, the Justice Department."

Upon review of those excerpts of the Report provided

by the OIC, it is manifest that the Report omits the

information Patrick provided which refutes the FBI's

repeated official conclusion of suicide in the park...

* * *

Moreover, the Report's purported reliance on grand

jury testimony is an attempt to give the

Report more credibility. Indeed, the catalyst for

Patrick's grand jury testimony was the appearance in

U.S. newsstands of the October 22nd [1995] issue of

the London Sunday Telegraph, in which Ambrose

Evans-Pritchard described Patrick's

reaction when he was shown the FBI report of his

interview with two FBI agents detailed to Mr.

Fiske's probe. It was the first time Patrick had

seen the report of the interview, which had been

conducted eighteen months earlier. Evans-Pritchard

wrote that Patrick "was stunned." Referring to the

FBI's assertion that Patrick stated he "would be

unable to recognize the man" he had seen at the park,

Patrick is quoted as saying "That's an outright lie."

fn. 11: Under the Act, the OIC's use of the FBI is

free, tempting the OIC to create a microcosm of the

DOJ. (See Act of Dec. 15th 1987, Pub. L. No. 100-

191, 1987 U.S.C.C.A.N. (101 Stat. 1293) p. 2172:

"Congress intended the Justice Department to provide

independent counsels with the same assistance it

provides to its other high-priority, federal criminal

cases... federal agencies are instructed to

discontinue... requiring reimbursement agreements..."

Evans-Pritchard's article also states:

"They showed him a photograph of [F oster's]

Honda... ‘They went over it about 20 times,

telling me that this was Foster's car,’ said

Knowlton. ‘But I was quite adamant about it.

I saw what I saw, and I wasn't going to change

my story’... Starr's investigators have never

talked to Knowlton. The federal grand jury

has never summoned him to give sworn

testimony."

* * *

On October 24, the same day that this newspaper

reached U.S. newsstands, the OIC prepared a

subpoena summoning Patrick to testify before the

Whitewater grand jury. The secret grand jury

subpoena was served two days later by an FBI agent

who was formerly detailed to Mr. Fiske's probe,

whereupon Patrick was harassed and intimidated...

The Report omits all of this, even though Patrick

submitted a report detailing the harassment to the OIC

in March of 1996, which included reports of a

polygraph examination, a psychiatric examination,

witnesses’ affidavits, photographs of two members of

the harassment team and the names and addresses of

two others.

fn. 12: See Exhibit 4. A USPP report notes that the

autopsy doctor estimated that Mr. Foster died "2-3

hours” after having eaten a "large meal" "which might

have been meat and potatoes." Several people

reported that Mr. Foster had finished his lunch of a

cheeseburger and French fries by 1:00 p.m., therefore

putting the time of death between 3:00 and 4:00 p.m.

Also, the paramedic in his Incident Report estimates

that based upon the "pooling of blood in the

extremities," Mr. Foster had been dead "2-4 hrs” at

6:10 p.m...

Conclusion. Because Patrick did not heed the

warning regarding his grand jury testimony and

continued to tell the truth, including his account of the

bizarre harassment he suffered, his testimony was

discredited. Patrick was harassed in an effort to make

him look unbalanced or dishonest. Since that time, he

has been defamed by numerous individuals, most of

whom are journalists. He has been attacked as a

delusional conspiracy theorist, a homosexual, and as

an outright liar. Patrick has been fighting to

reestablish his credibility for the past two years.

Patrick did nothing to deserve the outrageous

treatment he received at the hands of the OIC and its

FBI agents. He did nothing to deserve being yanked

into this FBI debacle, having his life turned upside

down, and having to endure this fight for his

reputation. Patrick's only "crime" was reporting to

the authorities what he had seen at Fort Marcy Park,

consistent with his understanding of his duties as a

good citizen.

Patrick respectfully asks that the Division of the

Court append this letter to the Independent Counsel's

Report on the Death of Vincent Foster, Jr. to afford

him a measure of fairness. A denial of this relief

would augment the appearance of justice having not

been done and would further frustrate legislative

intent. Patrick should not have to go through the rest

of his life labeled as a liar or some kind of nut. He

has no remedy at law for injury to his reputation

causally related to the subject investigations. Patrick

Knowlton merely seeks to establish that he is telling

the truth and that he is mentally stable.

Legend: 1) Brown Honda

2) Patrick's car

3) Blwe-gray sedan. backed in. with driver's seat occupied

Domed Line: Patrick's route into the park from his car.

Solid Lime: Patrick's route back to his car, around the brown Honda.

EXHIBIT

| TIMELINE |

wiervewed ni

memewed

a a agam by FB! agents Ambrou

assigned to the Office of wars. Prichard

we a well independent C ounse! &

Morey Park, penches Feskc

July 20 April 15 May 11 October 13

o/s * t i 2 ; ”

1993 1994 samsary 20 me 1995

|Agoracy General Janet Reno judge pane! appeuts

jappocats Robert Fiske, br. as W. Star as

independer Course! to investigate tncependent Coumel to

alicgauers of ureguianics i coninas the vestigation

Clason + frances mchedang

| Wiheterwater amd Use death of V acer

W.. Foster.

Exhibit 1 of Appendix to the OIC's Report on the Death of Vincent

Foster, Jr., submitted September 23, 1997, released to the public on

October 10, 1997

USPP REPORT. I<TERVIEW BY USPP & FBI OF ASSISTANT IN WHITE HOUSE COUNSEL'S

OFFICE: MR. FOSTER ATE LUNCH OF “CHEESEBURGER™ AND “FRENCH FRIES.~

ieSesiers

cnated States Park Pelice

seate levesttig¢el soe

om. . — _-

‘33 Ft on

The first conversation she had wit Die vas edeut lunch around

1290-1230 hewrs. Me seid he would eat at dis desk.

ee¢ive rare cheesedurger. french fries end coke. The end

Linge Tripp went te the cafeterie ané eré¢eree bis lunch.

Be ordered «

ine

FBI INTERVIEW REPORT. EXECUTIVE ASSISTANT IN WHITE HOUSE COUNSEL'S OFFICE:

MR.

Y AFTER 1:00 Pl A

; EATEN “MEAT AND POTATOES” “2-3 HOURS PRIOR TO DEATH.”

———— oon

aa (SATE TE BE

Melia a 1

potatoes

PARAMEDIC’S INCIDENT RE . AT 6:10 Pm DEAD APPROX 2-4 HRS.”

This is cortified 2 tee

Sine.

pomesvon of the Fertas EXHIBIT

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~~ > “aoe o hoe & he Coe.

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NARRATIVE REPORT.

Sou et eae ctte | INCIDENT #Axz0nta1s UT Mao

sation: SUPPC2 SITF 801 C7208

we me Gas wren: | HAD SET IN. POOUNG OF 8000 THE

Exhibit 4 of Appendix to the OIC's Report on the Death of Vincent

Foster, Jr., submitted September 23, 1997, released to the public on

October 10, 1997

PRESENT: CONGRESSMAN DAN BURTON KEVIN BINGER JOHN CLARKE

a4 THERE WAS TWO VEHICLES IN THE PARKING LOT -- ONE WAS A

is BROWN, RUST-BROWN COLORED HONDe WITh ARKANSAS ICENSE

16 PLATES. IT WAS @N OLDER VEHICLE.

19 SUGGESTED TO ME ThaT THAT WAS THE AGE OF IT, AN, UMEN HE

20 SHOMED MME THE PICTURES OF & Can ThaT UAS AN '88 OR & “90, 1

21 SAID, NO. IT IS, OBVIOUSLY, aN CLOER Can. THE CAR THaT

a EXHIBIT

—

Page 2 of 2 pages

Exhibit 4 of Appendix to the OIC's Report on the Death of Vincent

Foster, Jr., submitted September 23, 1997, released to the public on

October 10, 1997

22 YOU ARE SHOWING ME THE PICTURE OF IS TOO NEW.

On October 25, 1996, a year before the Court ordered that the

OIC's Report on Mr. Foster's death be released to the public, Patrick

Knowlton's civil rights lawsuit was filed in the US District Court for

the District of Columbia, Case No. 96-2467. In it, he alleges

violations of 42 U.S.C. § 1985(2), Obstructing justice; intimidating...

witness. On October 21, 1998, he filed a motion to file a Second

Amended Complaint. Excerpts of that amended lawsuit follow.

Patrick Knowlton v. Robert Edwards et al., US District |

Court for the District of Columbia, Civil Action No.

96-2467:

SECOND AMENDED COMPLAINT (10/98)

(Conspiracy to interfere with Civil Rights

in violation of 42 U.S.C. § 1985(2), Obstructing justice;

Intentional Infliction of Emotional Distress;

Assault; Battery; Civil Conspiracy)

* * *

Summary of case

2. This case arises from an overall conspiracy

to obstruct justice in connection with federal

investigations into the death of deputy White House

counsel Vincent W. Foster.

3. Upon learning that Mr. Foster's body was

found in Fort Marcy Park, Virginia, Plaintiff reported

to authorities what he had seen in the park

approximately 70 minutes before the discovery of Mr.

Foster's body.

4. In April and May, 1994, Defendant

Monroe, then an FBI agent detailed to the Office of

regulatory Independent Counsel Robert Fiske,

interviewed Plaintiff... Monroe falsified Plaintiff's

account and misreported that Plaintiff identified the

car he saw as a "1988 to 1990" year-model, which

coincided with Mr. Foster's 1989 car. Because Mr.

Foster was dead by the time Plaintiff visited Fort

Marcy Park, Plaintiff's information refutes the official

conclusion that Mr. Foster drove his car there.

5. Shortly after Plaintiff learned from a

reporter that Defendant Monroe had falsified his

account, Plaintiff's account of what he had witnessed

at Fort Marcy and contradictory information from his

FBI interview reports were published in the October

22, 1995, edition of the London Sunday Telegraph

newspaper.

6. On the same day that the 7% elegraph

reached American newsstands, October 24, the Office

of Independent Counsel, Jn re: Madison Guarantee

Savings & Loan, prepared a subpoena for Plaintiff to

testify before the Whitewater grand jury in this Court.

7. Two days after that subpoena was

prepared, Defendant FBI Agent Russell Bransford

served it. At the time of the service of that subpoena,

Bransford was detailed to Mr. Starr's Washington,

DC, Office. Bransford had been detailed to the Fiske

probe.

8. Beginning the same day that Bransford

served Plaintiff the secret grand jury subpoena...

Defendants... harassed and intimidated Plaintiff

before he appeared to testify before the grand jury...

~ * *

10. Wrongful acts alleged herein were

violations of 42 U.S.C. § 1985(2), which prohibits,

inter alia, attempts to deter witnesses by intimidation

or threat from testifying freely, fully, and truthfully to

matters pending before federal courts...

11. Overt acts directed at Plaintiff were

part of a subsidiary conspiracy. Because that

subsidiary conspiracy was the reasonably foreseeable,

necessary or natural consequence of the overall

conspiracy to hide the facts of Mr. Foster's death,

each member of that overall conspiracy is liable for

Plaintiff's damages simply by virtue of his being a

conspirator.

* * *

Parties

13. Plaintiff Patrick James Knowlton is an

individual presently residing at 2424 Pennsylvania

Avenue, NW, Washington, DC. At the time of Mr.

Foster's death in July of 1993, and when Plaintiff was

contacted and interviewed by Defendant Monroe in

April and May of 1994, Plaintiff resided in Etlan,

Virginia.

14. Defendant Robert Edwards

(hereinafter "EDWARDS") was at all times material

hereto an individual employed by the United States

Park Police, holding the position of Sergeant,

assigned to the Second District station, 7300

MacArthur Boulevard, Glen Echo, Maryland.

EDWARDE has since retired...

15. | Defendant James C. Beyer (hereinafter

"BEYER") is and was at all times material hereto an

individual employed as Deputy Chief Medical

Examiner, Northern Virginia District, 9787 Braddock

Road, Suite 100, Fairfax, Virginia, and in that

capacity performed the July 21st, 1993 autopsy on

Mr. Foster.

16. Defendant John Doe Pathologist

(hereinafter "PATHOLOGIST") assisted Defendant

BEYER in the performance of the autopsy on Mr.

Foster. BEYER refused to identify PATHOLOGIST

to the ‘Park Police at the autopsy and there is no public

record of the PATHOLOGIST's identity. Plaintiff

will seek leave of Court to amend his Complaint by

inserting his true name in place of the fictitious name

PATHOLOGIST when the same has been

ascertained.

17. Defendant Robert A. Bryant

(hereinafter "BRYANT") is and was at all times

material hereto an individual employed by the Federal

Bureau of Investigation ("FBI"). During the times

alleged hereinafter that BRYANT committed overt

acts in furtherance of the conspiracy, BRYANT

served as the Special Agent-in-Charge of the FBI's

Washington, DC, Metropolitan F ield Office.

BRYANT currently holds the position of Deputy

Director of the FBI, and his business address is the J.

Edgar Hoover Building, 10th & Pennsylvania

Avenue, NW, Washington, DC.

18. Defendant Scott Jeffrey Bickett

(hereinafter "BICKETT") is an individual whose

residence address is presently unknown to Plaintiff.

Upon information and belief, Plaintiff avers that

BICKETT is and was at all times material hereto an

individual employed by the Department of Defense,

holding an "Active SCI" security clearance, which

stands for Sensitive Compartmented Information, a

top U.S. Government security clearance. Upon

information and belief, Plaintiff also avers that

BICKETT has been briefed at FBI headquarters, has

served at the direction of FBI personnel, and was so

serving when BICKETT committed the acts

hereinafter complained of.

19. Defendant Lawrence Monroe

(hereinafter "MONROE") is an individual who

resides at 8128 Blandsford Drive, Manassas, Virginia.

When MONROE committed the overt acts recited

below, he was employed by the FBI as a special

agent, and was detailed to the office of regulatory

Independent Counsel Robert B. F iske, Jr.

20. The captioned Defendant referred to as

John Doe FBI Laboratory Technician is one or more

laboratory technicians employed by the FBI's forensic

laboratories, located in the J. Edgar Hoover Building,

10th & Pennsylvania Avenue, NW, Washington, DC.

Because Plaintiff does not yet know whether all the

FBI laboratory reports quoted below were authored

by the same individual, nor his or their identities, the

author or authors of these laboratory reports are

hereinafter referred to in the singular as "FBI LAB."

Plaintiff will seek leave of Court to amend his

Complaint by substituting his or their true names

instead of the fictitious name FBI LAB when the

same has been ascertained.

21. Defendant FBI Agent Russell T.

Bransford (hereinafter "BRANSFORD") is an

individual who is currently and was at all times

material hereto employed by the FBI as a special

agent. BRANSFORD 's business address is the FBI's

Washington, DC Metropolitan field office, 1900 Half

Street, SW, Washington, DC. BRANSFORD had

been detailed to Mr. Fiske's office of regulatory

Independent Counsel and, upon Mr. Starr's

appointment in August of 1994 to serve as statutory

Independent Counsel and the simultaneous

dissolution of the office of the regulatory Independent

Counsel's office, Mr. Starr's office retained

BRANSFORD.

22. | Defendant Ayman Alouri (hereinafter

"AYMAN ALOURI") is an individual whose

residence address is 2300 Pimmit Drive, Apartment

704 West, Falls Church, Virginia. AYMAN

ALOURI was born in the country of Jordan and is a

naturalized citizen of the United States.

23. | Defendant Abdel Salem Alouri

(hereinafter "ABDEL ALOURI") is an individual

whose last known residence address is 5800 Quantrell

Avenue, Apartment 1511, Alexandria, Virginia.

ABDEL ALOURI was born in the country of Jordan.

His citizenship is unknown to Plaintiff.

+ * *

25. Some of the conspirators joined the

conspiracy at different times by pursuit of the -

“ common goal or overall conspiratorial objective, the

particulars of which are not presently known to

Plaintiff. As all conspirators are not presently known,

Plaintiff will, should it become appropriate, seek

leave to amend this Complaint to name other

Defendants and to plead the particulars of their

functions in pursuing the overall or subsidiary

conspiracy.

Facts

26. On July 20th, 1993, between the time

of 3:00 p.m. and 4:00 p.m., Vincent Foster died of a

small-caliber gunshot wound to his head, at the hand

of another. The bullet entered his head from the

upper portion of the right side of his neck, under the

jaw line, passed upward through the body of the

tongue, pierced his brain and struck the skull

approximately three inches below the top of the head,

fracturing it. The bullet remained in his head. Blood

drained from the entrance wound in the neck onto his

right collar and shoulder and was absorbed down onto

his right shirtsleeve. Blood also accumulated in his

mouth.

27. Also on July 20th, 1993, Plaintiff was

driving on the George Washington Memorial

Parkway...

Paragraph 11 above alleges that the harassment that Patrick

suffered was part of an overall conspiracy to hide the facts of Mr.

Foster's death. Under the law of civil conspiracy, each member of

that overall conspiracy is legally responsible for the civil rights

violation that Patrick suffered. That means that the issue of cover-

up, as well as its participants, is relevant to the prosecution of Patrick

Knowlton's civil rights lawsuit.

The first goal of this filing is to prove the existence of a

conspiracy, as alleged in the lawsuit, as well as the named

defendants' participation in it.

We will see the participation in the conspiracy of Park Police

Sergeant Robert Edwards while at Fort Marcy Park on July 20, 1993.

We will see the role, just 15 hours later, of Deputy Chief Medical

Examiner James C. Beyer, Jr., as well as the unknown "John Doe

Pathologist" who assisted him. We will review the evidence of the

knowledge of the cover-up during the first 17-day FBI/Park Police

investigation by the Agent-in-Charge of the FBI's Washington

Metropolitan Field Office, Robert M. Bryant, who now serves as the

FBI's Deputy Director. We will review the evidence against FBI

Agent Lawrence Monroe, the unknown "John Doe FBI Laboratory

Technician," and Scott Jeffrey Bickett, all of whom participated in

the cover-up in the Spring of 1994, when the FBI conducted its

second investigation, under the auspices of the 5-month Fiske probe.

And we will see that FBI agent Russell T. Bransford participated in

the conspiracy in October of 1995, during Mr. Starr's probe. Finally,

we will see how Ayman & Abdel Alouri and others harassed Patrick

Knowlton on the eve of his Whitewater grand jury appearance, also

in October of 1995, two-and-a-half years after the death.

If you have ever served on a jury, you probably recall being

instructed to keep an open mind, and not to decide the case until you

have heard all the evidence. Most of the available evidence is

presented in this filing. Like a trial, reviewing the evidence can be

work, tedious at times. But most of the chapters have factual

summaries at the beginning, so you have the ability to read only the

summary should you not care to read the body of the chapter.

Because the same evidence is sometimes presented on more than one

issue, you may occasionally see testimony or excerpts of FBI

interview reports that you have already seen in another part of the

paper.

Chapter I of this filing, Background, repeats what many of us

have heard about the case, sets forth much of the record of the events

preceding the death, relates the official version of the discovery of

the body, and points out some anomalies in the official story of the

body's discovery. Chapter II, Authorities Arrive at the Scene, sets

forth the movements of the Park Police and Fire & Rescue workers

("Firefighters") at the park, and provides a synopsis of much of the

evidence that we will review later.

In Chapters III through X, we compare the publicly available

evidence in the case with the OIC's Report on the death. After

Chapter III, Overview of the Comparison of the Publicly Available

Evidence to the OIC's Report, we begin our review in earnest, a 250-

page comparison of every substantive point in the OIC's Report to

the available evidence in the case. The discovery process in Patrick's

lawsuit has not yet begun, so we do not yet have subpoena power.

We obtained all but a tiny fraction of the evidence we will review

from the public record. It was generated by the federal government.

Beginning in chronological order, Chapter IV, Evidence of

Knowledge of the death before the Official Time of Notification,

looks at the OIC's claim that no authorities other than the Park Police

knew of the death before 8:30 p.m. Next, to underscore the

importance of the testimonial evidence of park witnesses recounted

in subsequent chapters, Chapter V, Evidence that the OIC concealed

that Photographs Vanished, reviews the OIC's claim that no Polaroid

photographs of the body vanished, and that all of the 35-millimeter

shots were "underexposed."

The next Chapter, VI, Evidence that the OIC Covered up the

Absence of the Official mouth Entrance Wound & head Exit Wound,

and the Existence of a Neck Wound, is the longest chapter, almost

100 pages. It compares all the records of all the witnesses who saw

the body at the park and morgue to the OIC's claims and conclusions

regarding the issues of the wounds and the blood. This chapter also

reviews the record of the autopsy.

In the next three Chapters, we review the evidence regarding

all the remaining issues in the case save one -- the claim of

depression. These three Chapters are: VII, Evidence that the OIC

covered up that Mr. Foster did not own or fire the gun found at the

ere ON. eee

park; VIII, Evidence contradicting the official claim that Mr. Foster

drove to the park, and IX, Other Anomalies.

The next Chapter, X, Jnferences to be drawn from the Facts,

takes the step of discussing the evidence in the case, as well as its

interrelations -- how one anomaly in the case is related to others.

We suggest that you ponder in Chapter X the question posed,

whether there is in fact a cover-up of the facts of the death.

The three chapters which comprise the balance of this Court

filing are XI, State of Mind; XII, Investigative History; and iastly,

Conclusion. In the State of Mind Chapter, we do not attempt to

prove that Mr. Foster was not depressed because we conclude that it

is too problematic and, in any event, irrelevant. We do offer some

compelling evidence that the OIC's expert psychologist's conclusion

is unreliable. The /nvestigative History chapter explains that the FBI

is almost the only entity that has investigated the case, three times in

all.

The Court released the OIC's Report on the Death of Vincent

Foster, Jr. 20 months ago, having been submitted at the conclusion

of its three-year investigation. This filing took three people 17

months to research and write: Patrick Knowlton, Hugh Turley, and

the undersigned, all of whom are self-employed. Patrick is 44 years

old. He has lived in Washington, DC, since he moved here in 1990

from his native Syracuse, New York. Having worked in the

construction industry for seventeen years, he was a master carpenter

and builder. Today, he is a part-time licensed tour director in

Washington, DC, Philadelphia, and New York, and is a private

investigator. Patrick is heterosexual, has never been charged with a

crime, is a registered Democrat, and has no political agenda. Hugh

Turley is a Washington area businessman who lives in suburban

Maryland. Hugh took an interest in the case soon after the death.

Those witnesses who are discussed below, who are not

named defendants in Patrick Knowlton's lawsuit, deserve the benefit

of the doubt, and so we caution you not to hastily conclude that any

one of them participated in the cover-up merely because his or her

actions appear suspicious.

The Ethics in Government Act is designed to accomplish

parallel goals of ensuring that justice is done and maintaining the-

appearance of justice having been done.’

"The purpose of the system is to ensure fair and impartial criminal

proceedings when an administration attempts the delicate task of

investigating its own top officials."4

In 1993, on the eve of the expiration of the last five-year term

of the Act, then Senator William Cohen stressed the importance

under the Act of investigations being independent from the Justice

Department in ensuring that justice appears to have been done.

. Congress seeks to accomplish the special prosecutor's independence from

the Department of Justice by, among other things, having the judiciary

select and appoint Counsel upon request by the Attorney General,

limiting the Counsel's investigative jurisdiction, and having the Counsel

removable cnly by the Attorney General for good cause or by the Court

upon the completion of the investigation. Counsel is required to file

reports with Congress and the Court.

The 1978 Act was passed five years, to the month, since Watergate

Special Prosecutor Archibald Cox had was fired by President Nixon in

what is referred to as the "Saturday night massacre.”

Use of special prosecutors predates the 1978 Act. Independent state

investigations include Thomas Dewey's early twentieth-century fight

against New York City corruption, Governor Nelson Rockefeller’s 1972

investigation into New York's criminal justice system, and Maryland's

creation of a special prosecutor after Spiro Agnew's misconduct was

exposed.

Independent federal investigations predating the 1978 Act include

President Coolidge's 1924 appointment of special prosecutors in the

Teapot Dome scandal (corruption by Interior and Justice Department

Officials in leasing of oil reserves), the Truman administration's

investigation of the tax scandals in 1951 (tax fixing by the IRS and

Justice Department), and in 1973, Watergate. The three judges of the

Special Division of the U.S. Court of Appeals, which appoints

Independent Counsels, are appointed for two-year terms by the Chief

Justice of the United States Supreme Court. There have been at least 20

independent counsels appointed under the Act, seven of whom were

appointed during the Clinton administration.

: S. Rpt. No. 100-123. Act of Dec. 15th 1987, Pub. L. No. 100-191, 1987

U.S.C.C.A.N. (101 Stat. 1293) p. 2151.

The appearance of justice having been done is equally

important as justice having been done. We can see this over

a period of years where an investigation has been conducted

by the Justice Department... questions have remained. They

say, "Well, was it really an independent investigation or was

it a coverup, a whitewash?" When those questions tend to

linger... the cloud of doubt remains, and the cynicism

remains... The law, however, serves two ends, both equally

important in our democratic society. One is that justice be

done, and the other is that it appear to be done. The

appearance of justice is just as important as justice itself, in

terms of maintaining public confidence...*

The Act was renewed for another five-year term. It will

expire on June 30, 1999, unless reenacted.

The question of whether there is a cover-up in this case is an

important one. Our Constitution separates the governmental powers

into separate branches, limiting the ways each can act, and provides

that the branches shall exercise oversight over one another. The

system supposes that this division of power would create an

adversarial system, with each entity serving different interests.

Another component of the system is a free press, which facilitates

this adversarial process by reporting the truth that surfaces when

adversaries battle. In sum, the separation-of-powers doctrine end

having a free press are designed to keep our government honest.

You are deciding if the system failed in the Foster case. If it did, you

have a right to know.

The official version of the death is that on July 20, 1993,

around 1:00 p.m., Mr. Foster left the White House alone in his own

. See 139 CONG. REC. $15846-01 & $15847-01 (daily ed, Nov. 17, 1993)

(statement of Sen. Cohen). See also 139 CONG. REC. $15850-01 (daily

ed, Nov. 17, 1993) (statement of Sen. Levin): "Here is what the

American Bar Association said in its letter of November 17. As noted

above, the principle underlying statute is that an independent counsel may

be needed when there may be a conflict of interest in having the

Department of Justice carry out a particular investigation and possible

prosecution.”

car, and sometime later drove into the Fort Marcy Park parking lot,

and walked 700 feet up into the park. He is said to have then taken

his own .38 caliber revolver, loaded with two high velocity

cartridges, placed its barrel against his soft palate, and pulled the

trigger, leaving an exit wound in the top of the back of his head

about the size of a half-dollar.

It is time to review the evidence. You have never read or

heard it before.

Table of Contents

Summary of Contents

Preface

2. The record of events surrounding the death

a. Before July 20, 1993

b. RO Fi BB aii oii icsicainarcas 50

4 No record of Mr. Foster's having

left the White House complex

Fort Marcy Park, discovery of body

a. Fort Marcy Park

b. Official version of discovery of body.......

OVERVIEW OF THE COMPARISON OF THE

PUBLICLY AVAILABLE EVIDENCE TO THE

OIC'S REPORT

EVIDENCE OF KNOWLEDGE OF THE

DEATH BEFORE THE OFFICIAL TIME

OF NOTIFICATION

FBI's Violent Crime Squad

Fire & Rescue workers and Park Police

William Kennedy and Craig Livingstone

White House telephone records

VI.

EVIDENCE THAT THE OIC CONCEALED THE

DISAPPEARANCE OF PHOTOGRAPHG............... 133

DUMGTY «cccccncccccavasssocnboadunnnssees seabedassddneniaantte 133

B Sergeant Edwards absconded with

OGRSOr FANGS PORN ic sin cnccccocesthcdscctsecs 135

~ Rolla's two Polaroids of

the back of the head vanished....................... 145

3. OIC concealed that the roll of 35-mm film

produced usable photographs....................+4. 151

EVIDENCE THAT THE OIC COVERED UP THE

ABSENCE OF THE OFFICIAL MOUTH ENTRANCE

WOUND & HEAD EXIT WOUND, AND THE

EXISTENCE OF A NECK WOUND ..................... 158

GY cnccressersennrscinesctahesimssmitiiiiaeaminnaielieaaeiaals 158

1. Witness accounts of a bullet wound in Mr.

Foster's neck and the absence of the

official mouth entrance wound and skull

RR EN ete Pe ee 162

a. Reports of Medical Examiner Haut

and Paramedic Richard Arthur of the

existence of a neck wound...................... 162

b. No record of any of 26 persons who

viewed the body before the autopsy

having seen the official entrance and

CE We iicisciccticinsciscnnbtslehetdistenites 168

2 TR NR ainccttissnstiiciseionacinidtinntauadeide tee 185

a. Pe ircctcsksntitecchoctatictdseckettah adits 185

b Failure of investigators to attend ........... 190

c. Entrance wound evidence removed.......191

d. Refusal to identify autopsy assistan ......192

e Caliber of weapon unknown.................. 193

f. Lab Report may contradict the

existence of the official entrance

FBI apprised of "preliminary results"

OE RD GRE WINE wisscstcttithcseitattintincinnnen 197

h. AGS CU isiticiiitecnhsinities 197

i No official estimate of time of death.....202

VIL.

—

j. Conflicting evidence of bullet

Bloodstains consistent with the neck wound.....206

Official excuse for blood on Mr. Foster's right

side is that it drained from his mouth when an

"early observer" moved the head to check for a

pulse, then repositioned it -- but Edwards did it

to obscure or camouflage the blood evidence of

the existence of the neck wound.....0............0.0... 214

a. No reports of "early observers" having

moved the head or seen it being moved

and resuscitation was not attempted .....223

b. No "early observer" could hav

caused right side bloodstains

because ‘they all saw these stains as

C. The blood was dry until after Edwards

had been alone at the body site............. 229

d. Only witnesses who saw the blood

transfer contact stain arrived at the site

after Sergeant Edwards had been alone

I ictictrcerncenlittttaieaniichheicienceunt 237

Blood quantity insufficient....0.......0......cccceccese. 239

EVIDENCE THAT THE OIC COVERED UP THAT

MR. FOSTER DID NOT FIRE OR OWN THE GUN

PNM OU MUD HMI isiiciscecniniiitins asia saan 255

DOTTIE FEIT ATT CTE A 255

1. Impossibility of gunshot residue patterns

on hands having been caused by

TT OEE Se 255

y I aaa cctittiaitistenndiidiniaisticiet es 27 263

a. Type found not used by Remington.....263

b. Present on broken eyeglasses

found 17 feet uprange......................... .265

c. Reportedly found in soil over a

pp RIES Set SERN SOOT ED 266

3. Binet 267

4. Ownership of gun and ammunition................. 282

a. i ieiseiiietedisictsebdsiiiiditishiaseninan cs 282

b. p IRSSSNE Set ee SAE eter ae Sea eee .290

c. IIE ick unis ceniebiien i chateiciniemnitibsanienatan 292

Vill. EVIDENCE CONTRADICTING THE OFFICIAL

CLAIM THAT MR. FOSTER DROVE TO THE

5 RUE ENON SAL EE ee OR ey ele ce eR 295

IN iisiniiltacinnscscibtnitiniiciniisansisaniisehabiigniiaibiiimenininiasambit .295

1. The other Arkansas Honda at the Park................. 296

a. Mr. Foster was dead before 4:20 p.m.......297

b. Patrick Knowlton and the absence of |

Mr. Foster's car at the park at 4:30..........300 |

c. The civilian couple at the park.................. 355 |

d. Other evidence that Mr. Foster's | |

car may not have been at the park............. 357

y 2 Ce I IE OE Ee i dieinttitbecnincsccstcantmnantrsesnion 358

I D ieletiniclinsibcctieiceeenisencancnsceasesaccnital 378

] Analysis of blood on eyeglasses and gun.............. 378

2 II cissctiliititlenniiictciseabbtadontibncssedicnnciicohansieeiia 380

3 Reported lack of dragging-type soil patterns.......382

a Analysis of dirt on shoes................::cessccsssesssee ses 382

5 Re cick scttinsictessincininnistepsshstiainiceibibensinnniions 384

6 Pee scsticchictpincinsecdiansiccensashincadinmsduinnsanaaaes 385

. 7 EES Fe SN POET Ca ON I 388

8 Unusual position of DOdY..................:ccccesceeseeee ce cee 389

9 Other unidentified persons

. I te iii does wiisiictibincci ndtnadiniasbnse 389

SREY PC ee Prem ee ae ETE TS 39]

11. Determination of suicide made before

police investigators viewed the body.................... 393

X. INFERENCES TO BE DRAWN FROM

BARR We Bi cictinnein cabbie ties Piette it cionnsghatel 393

ln AAR ei ischeatiidlicecncbinbiaititiisi cs cticnincaiaenie 417

1. The OIC's psychological autopsy

i eclincdnecaiciianbitasssikdcheipsinespcned 417

yf The verdict of depression .........0....ccccsssscesscsessesees 421

Faas. «UVES RAL REY i Be bn cetttachisinscciniscnectnsnsnonecsal 440

1. The FBI and the first 17-day probe. ................00++ 44]

2. Publicity of the removal of Whitewater

documents from Mr. Foster's office on the

aan

Ove Of the Fiske probe...........ccccsscccscoscsseccssesecseceses 452

3. Reports generated by Fiske's FBI probe.............. 455

+ ROTA I PU nicsdckscconsehienibtiibbreionsichdimniie 457

5 Congress never conducted a probe of

caches AO NET OTE ET CEE RTE ATONE 458

pS tia aN REN Soe IMO COD EACH EOIN ES IED 461

LILI OLEAN, OOLRLEE A EO OL DB AUT A, 483

The OIC's Report on the death of Vincent Foster is cited

below as the "Report" or "OIC." Excerpts from it appear in Italics,

except where they appear in the footnotes. An asterisk* appears next

to all exhibits that were not generated by the federal government.

I. BACKGROUND

1. Introduction

Those who saw Mr. Foster most and knew him best, his

friends and colleagues, disagree on whether he displayed signs of

depression in the weeks preceding his death. Most failed to notice

anything unusual,° a few did,’ and a few changed their minds.®

. Exhibit 1, Report of FBI interview with Deputy Attorney General

Webster Hubbell, April 14 & 15, 1994: "Hubbell said Foster was a great friend...

He did not notice Foster acting differently in the days or weeks before his death...

Hubbell said that he was not aware of any problems or difficulties Foster was

experiencing prior to his death.”

Exhibit 2, Report of FBI interview with Executive Assistant to Deputy

Counsel Deborah Gorham, April 19 and 26, 1994: She viewed him as

reserved, not depressed or unhappy. He would share a joke with others in

the office, but was a very hard worker and would ask people "to keep it

down" if their talking disturbed him. The only time he seemed to be

more agitated than usual was when he was under time pressures. He had

a very long fuse, so it was a rarity for him to show agitation... Even in

hindsight, Gorham did not see anything in Foster's behavior which would

indicate a distressed state of mind.

Exhibit 3, Report of FBI interview with Assistant Counsel at the White House

Beth Nolan, June 7, 1994: "She saw him Monday, July 19, 1993 for just a few

minutes and he did not seem distracted and handled the exchange normally. She

said that she did not recall anybody ever remarking about Foster holding up or not

holding up, and she did not herself notice any weight loss." Exhibit 4, Report of

FBI interview with Special Assistant to the President for Legislative Affairs

Timothy J. Keating, June 12, 1994: "He said he dealt with Foster only on a

“handful of matters... almost a daily basis... He described Foster as being ‘very

professional and a strong individual... together and on top of his game..."" Exhibit

35, Report of FBI interview with attorney John Phillip Carroll, May 17, 1994:

"Carroll advised that Foster's suicide is a complete mystery to him.” Exhibit 6,

Deposition of Park Police Investigator John Rolla, July 21, 1994: "...I remember

asking her [Mrs. Foster], did you see any of this coming, and she stated no.

Nobody would say anything about depression or that they noticed some signs, they

were worried. There was no information given to us."

Compare OIC, p. 99: Dr. Berman reported that "[m]istakes, real or

perceived posed a profound threat to his self-esteem/self-worth and

represented evidence for a lack of control over his environment. Feelings

of unworthiness, inferiority, and guilt followed and were difficult for him

to tolerate. There are signs of an intense and profound anguish, harsh

self-evaluation, shame, and chronic fear..."

. Exhibit 7, Report of FBI interview of Associate White House Counsel

William Kennedy, May 6, 1994: "He said Foster was drawn and frowned and was

working too many hours. Foster was working on the run and he was working

under stress, as most in the White House were... You could see someone beaten

down, but those seeing it also were beaten down."

Exhibit 8, Report of FBi interview of Associate Attorney General of

Legislative Affairs Sheila Anthony, April 28, 1994: In terms of changes

in personal appearances, Anthony noted that Foster's face had become

~ gray and drawn. *** Foster said that he was not yet ready to see a

psychiatrist in Washington, D.C., but he told Anthony that he had called

his physician in Little Rock and had gotten a prescription... To the best of

Anthony's knowledge, Foster was not receiving any type of medical

treatment. [redacted]

. Exhibit 3, Report of FBI of interview with Associate White House

Counsel Beth Nolan, June 7, 1994: "She realizes in hindsight that he must have

been upset about something." Exhibit 9, Report of Park Police interview of Beryl

Anthony, July 27, 1993: "Mr. Anthony stated that he and his wife had noticed a

gradual decline in Mr. Foster's general disposition to the point of depression."

Compare F. Murray, Foster Faced ‘hard times’ in Final Days, Wash.

Times, July 24, 1993: "Close friends told him to cool things and relax

and not take things so personal," the source said, citing Mr. Foster's ex-

brother-in-law, former Rep. Beryl Anthony, as one who had talked to Mr.

Foster about his depression. "There's not a damn thing to it. That's a

bunch of crap,” Mr. Anthony said yesterday, slamming down the

telephone at his E] Dorado, Arkansas home.

Background

In the delivery of his speech to the graduating class of

University of Arkansas Law School, given May 8, 1993,’ nine weeks

before his death, some reported he looked healthy, both physically

and mentally," while others thought he looked pale, distraught, and

tense. -

Many Americans have read or heard that Mr. Foster

committed suicide because he was troubled by Travelgate, Waco and

two Wall Street Journal editorials, that he had lost weight, that he

had just started taking medication for depression, that a note was

found," and that he was suffering from depression.®

: Exhibit 10, Transcript of Mr. Foster's speech to the University of

Arkansas Law School, May 8, 1993: Following the bar exam, your most

difficult test will not be of what you know but what is your character.

Some of you will fail. The class of 1971 had many distinguished

members who also went on to achieve high public office. But it also had

several who forfeited their license to practice law. Blinded by greed,

some served time in prison. I cannot make this point to you too strongly.

There is no victory, no advantage, no fee no favor which is worth even a

blemish on your reputation for intellect and integrity... The conviction

that you did the right thing will be the best salve and the best sleeping

medicine... Take time out for yourself. Have some fun, go fishing, every

once in a while take a walk in the woods by yourself. Learn to relax,

watch more sunsets... If you find yourself getting burned out or

unfulfilled, unappreciated, or the profits become more important than

your work, then have the courage to make a change.

K Exhibit 5, Report of FBI interview with Senior Rose Law Firm Partner

John Phillip Carroll, May 24, 1994: "[A]t a commencement ceremony at the

University of Arkansas Law School, Foster gave a splendid delivery with no stress

showing during the speech." Exhibit ]], Report of FBI interview of Rose Law

Firm Secretary Loraine Cline, May 25, 1994: "He [Mr. Foster] acted excited and

‘up’ and he looked good."

Exhibit 12, Fiske Report, June 30, 1994: "Sheila Anthony [Assistant

Attorney General for Legislative Affairs] recalls that during his address Foster's

voice was unnaturally strained and tense, reminiscent of their father’s voice when

he was distraught during the period before his death in 1991."

: IC. p. 106-107: At some point in the last week of his life, Mr. Foster

wrote a note’ that he had "made mistakes from ignorance,

inexperience and overwork" and that he "was not meant for the job or the

: 33

spotlight of public life in Washington. Here ruining people is considered

sport." 3

- See R. Marcus & AA. Devroy, Clintons Mystified By Aide's Death, Wash.

Post, July 22, 1993; F. Murray, Foster Faced ‘hard times’ in Final Days, Wash.

Times, July 24, 1993; Depression symptoms difficult to hide, Wash. Times, July

24, 1993; M. Isikoff, Foster Had List Of Psychiatrist, Search Discloses, Wash.

Post, July 28, 1993; D. Jehl, Clinton Sought to Cheer Aide, Official Revorts, N.Y.

Times, July 28, 1993; D. Jehl, Clinton Aide Appeared Depressed Before Death

His Associates Say, N.Y. Times, July 29, 199; A. Devroy & M. Isikoff, Wash.

Post, Note Supports Idea that Foster Committed Suicide, July 29, 1993; A.

Devroy & M. Isikoff, Handling of Foster Case is Defended, Wash. Post, July 29,

1993; W. Pincus, Vincent Foster: Out of His Element, Wash. Post, August 5,

1993; S. Blumentnal, The Suicide, New Yorker Magazine August 9, 1993; J.

Birnbaum, Politics & Policy: White House Aide Listed Troubles In Shredded Note,

Wall St. Journal, August 11, 1993; M. Isikoff, D. Balz, Foster Note Reveals An

Anguished Aide Probe Concludes With Finding Note, Wash. Post, August 11,

1993; David Von Drehle, The Crumbling Of A Pillar In Washington, Only Clinton

Aide Foster Knew What Drove Him To Fort Marcy, Wash. Post, August 15, 1993;

J. DeParle, Portrait of a White House Aide Snared by his Perfectionism 4A Life

Undone: A Special Report, N.Y. Times, August 22, 1993; Michael Isikoff, Probe

Pursues White House Aide's Undisclosed Diary, Wash. Post, December 18, 1993;

J. Seper, Clinton papers lifted after aide’s suicide, Wash. Times, December 20,

1993; K. Ball, Hit Muckrakers They never doubted suicide of White House aide,

N.Y. Daly News, March 12, 1994; M. McAlary, The Unfostered D.C. Suspicions,

Aide's suicide is confirmed by heads-up cops, N.Y. Daily News March 14, 1994;

C. Sennott, Foster ‘Case Is Closed,' Parks Police Chief Says, Boston Globe March

16, 1994; W. Styron, ‘An Interior Pain That is All but Indescribable, Newsweek

Magazine, April 18, 1994; D. Jehl, First Whitewater Report Pleases Clinton

Advisors, N.Y. Times, July 2, 1994; L. Hoffman, Scripps Howard, Starr Apt To

Second Ruling On Foster, Wash. Times, January 6, 1995; E. Pollock & V. Novak,

There May Be Less to Whitewater Case than Meets the Eye, Wall St. Journal

February 22, 1995; M. Isikoff & M. Hosenball, Picking up the Scent, Newsweek,

March 18, 1995; J. Stewart, On the Road to Scandal, Newsweek, March 18, 1995;

E. Pollock, Vince Foster's Death Is a Lively Business For Conspiracy Buffs, Wall

St. Journal, March 23, 1995; J. Seper, Foster papers up first as Whitewater

hearings open July, Wash. Times, July 7, 1995; M. Isikoff, The Night Foster

Died, Newsweek Magazine, July 17, 1995; M. McGrory, Whitewater-Waco

Weariness, Wash. Post, July 20, 1995; James B. Stewart, Blood Sport; A. Lewis,

Ken Starr's Problem, New York Times, February 21, 1997; Angie Cannon,

Whitewater Investigators Release Final Report On Suicide Of White House

Counsel, St. Paul Pioneer Press, October 11, 1997; LA Times Wire Service,

Starr's Report Also Concludes That Foster Killed Himself, Minneapolis Star -

Tribune, October 11, 1997; M. Morrison, Jn Re: Vincent Foster, Wall St. Journal,

November 25, 1997.

Background

The record, as we said, is ambiguous on the depression. Mr. Foster

was angry that Bill Kennedy was singled out for criticism in the

Travel Office matter,'* but did not appear to have feared

Travelgate.’* There is a record of one witness saying he was upset

™ Exhibit 13, Report of FBI interview of Assistant to the President, Bruce

Lindsey, June 22, 1994: At the initial meeting regarding the Travel

Office, Vincent Foster was most defensive about William Kennedy's

participation in the matter. Foster was very unhappy that Kennedy was

reprimanded with regard to the travel Office matter... Foster was angry

about the letters of reprimand. Kennedy was also very unhappy and

Lindsey said he thought he remembered that Kennedy was feeling as

though perhaps he should resign. Lindsey thought he remembered

Foster's opinion being that if one person in the counsel's office received a

i then they should all receive letters of reprimand because they

were all equally responsible and accountable for what occurred. Lindsey

could not remember anything else Foster found disturbing...

Exhibit 7, Report of FBI interview of Associate White House Counsel

William Kennedy, May 6, 1994: Kennedy was asked about Foster's view

of Kennedy's involvement in the Travel Office matter. Kennedy said that

Foster was very upset that Kennedy got reprimanded. Foster had been

heavily involved and felt strongly regarding the FBI leaks in the case.

Foster came to the conclusion that he couldn't trust anyone in Washington

D.C. He was worried about Kennedy's emotional health.

Exhibit 14, Report of FBI interview with Associate Attorney General Webster

Hubbell, June 7, 1994: "Foster expressed concern to Hubbell that he shouldn't

have handed the matter off. Foster wanted to take responsibility. He was not

happy that the FBI report had criticized Kennedy." Exhibit 3, Report of FBI

interview with Associate Counsel at the White House Beth Nolan, June, 7, 1994:

"She remembers that he was most upset about Kennedy having been

reprimanded... [S]he does remember Foster's feeling that it would have been

easier if he had been reprimanded also."

ws Exhibit 14, Report of FBI interview with Associate Attorney General

Webster Hubbell, June 7, 1994: "Hubbell advised Foster to get outside counsel if

that was what he needed. Foster was trying to get Bernard Nussbaum, White

House counsel, to hire outside coursel. Foster was never concerned for his

personal exposure on the issue.” Exhibit 15, Report of FBI interview with

Director of White House Personnel David Watkins, June 22, 1994: “Watkins was

much more emotional overall than Foster. Watkins never heard directly or

indirectly that Foster was distressed about it [Travel Office], or about anything else

for that matter."

Background

about Waco.'® One witness reportedly said he was angered by the

Wall Street Journal editorials,'’ but another said he joked about

them.'® While two of the eight who opined on the matter are said to

have reported a weight loss,'” most did not.”” Actually, his autopsy

Compare OIC, p. 106: The travel Office matter, in particular, was the

subject of public controversy beginning in May 1993 and continuing

through Mr. Foster's death. Criticism focused on the White House's

handling of the matter before and after the May 19 firings... During the

week of July 12, Mr. Foster contacted private attorneys seeking advice in

connection with the Travel Office incident.™*

” Exhibit 16, Report of FBI interview of Mrs. Lisa Foster, May 9, 1994:

"The other [redaction] occasions when Foster sounded choked up and tense were

when the Branch Davidian complex near Waco, Texas burned..."

43 Exhibit 2, Report of FBI interview with Executive Assistant to Deputy

Counsel Deborah Gorham, April 19 and 26, 1994: "She saw him angry once, in

response to the Wall Street Journal article..."

- Exhibit 3, Report of FBI interview of White House Associate Legal

Counsel Beth Nolan, June 7, 1994.

" Exhibit 8, Report of FBI interview of Associate

Attorney General for Legislative Affairs Sheila Anthony, April 28, 1994:

Foster began to lose weight during the last six weeks prior to his death

and weighed much iess than he had weighed in January 1993. However,

Anthony is unable to estimate the amount of weight Foster lost in terms

of pounds. Foster did not mention to Anthony any problems with

headaches, loss of appetite, indigestion or vomiting.

Exhibit 7, Report of FBI interview with Associate White House Counsel William

Kennedy, May 6, 1994: "Kennedy replied that he knew Foster had lost weight but

was unaware of any other symptoms.” Compare Exhibit 12, Fiske Report, June

30, 1994: "[I}t was obvious to many that he had lost weight."

= Exhibit 16, Report of FBI interview with Mrs. Lisa Foster, May 9, 1994:

"[S]he believed that most of the weight which Foster had lost by that time had

been lost prior to his arrival in Washington, D.C." Exhibit 18, Report of FBI

interview with attorney Susan Thomases, June 14, 1994: "She noted no change in

his demeanor or physical appearance..." Exhibit 3, Report of FBI interview with

Associate White House Counsel Beth Nolan, June 7, 1994: "She said that she did

not recall anybody ever remarking about Foster holding up or not holding up; and

she did not herself notice that there had been any weight loss." Exhibit 19, Report

of FBI interview with Deputy Assistant to the President Nancy Henreich, June 12,

Background

weight was three pounds more than it had been six months earlier, in

December of 1992.7! The claim that he had just begun medication

for depression is questionable. And some notable experts opine

that the note, found torn up into 28 pieces six days after the death

with no fingerprints on it, is a forgery.”

1994: "She said that while she can recall seeing no changes in Vincent Foster's

physical [or] psychological presence, she does not feel comfortable making such

judgements considering that their relationship was not particularly close." Exhibit

20, Report of FBI interview with Deputy Assistant to the President Marsha Scott,

June 9, 1994: "She said that she personally didn't notice any weight loss." Exhibit

21, Report of Park Police interview with Executive Assistant to the Counsel of the

President Betsy Pond, August 22, 1993: "There was nothing unusual about his

emotional state. In fact, over the last several weeks she did not notice any

changes, either physically or emotionally. She noticed no weight lost [sic]."

ig Exhibit 22, Report of FBI interview with Dr. Larry Watkins, May 16,

1994: "His weight on December 31, 1992 was 194 pounds and Watkins made a

note that he was on a diet and exercising.” Exhibit 23, Report of Autopsy, July 21,

1993: "Weight 197" Compare S. Blumenthal, The Suicide, The New Yorker

Magazine, August 9, 1993: "But Foster's disequilibrium wasn't so well hidden

from those closest to him. By early July, his friends had begun to notice changes

in his appearance... He had lost fifteen pounds.”

- Exhibit 24, Park Police handwritten note, author unknown, July 30, 1994:

"7/30/93, Dr. Beyer Tox. Report ready... Trazadon[e] wasn't tested for and

probably wouldn't show up." Exhibit 25, Virginia Division of Forensic Science

Autopsy Lab Report, July 26, 1993, negative for presence of “tricyclic

antidepressants" [includes Trazadone] "benzodiazepines" [includes Valium] OIC,

p. 60: "The FBI Laboratory later conducted more sensitive testing and determined

that the blood sample from Mr. Foster contained trazadone.™'*" OIC, p. 60, fn.

175: "The Lab also detected diazepam [valium] and nordiazepam [Trazadone]

below recognized therapeutic ievels. FBI Lab Report, 5/9/94, at 8." Exhibit 27,

FBI Laboratory Report, Washington Metropolitan Field Office: "[O]ne plastic vial

containing twenty nine tablets [Trazadone], date received May 25, 1994 [year after

death], by SA Russell T. Bransford."

” *Exhibit 28, Opinion of Reginald E. Alton, Oxford University Emeritus

Fellow and lecturer on detection of forgery (ruled on C.S. Lewis, Oscar

Wilde, Donne, Shelley, and Christina Rosetti), September 18, 1995: Q1

[questioned document — torn note] is a forgery related to K 1 to K 12 “

[exemplars]... Foster seems to have been a natural ‘swagger’... The writer

of Q 1 is aware of this habit but he fails to match Foster's usage or

elegance... Even more revealing is... the word benefit, QO 1 (1.8 and 1.10)

as compared... Foster is a habitual writer of counter-clockwise loops or

circles... In Q 1 the loops in this ligature either do not exist or are a mere

thickening of the ascender of h. The writer of Q 1 is generally uneasy

about joining one letter to the next... This sort of failure is characteristic

of forgeries... In contrast the hand of Q 1... imitates letters and words

from the K group it fails to understand how they are made.

Compare OIC, p. 107, fn. 338: In this matter, Mr. Lesnevich compared

the original note to four original pages of known writing of Mr. Foster

that were in his office at the time of his death; to one other original page

of paper that was known to have been written by Mr. Foster; and to 18

original checks bearing the known writing of Mr. Foster. Mr. Lesnevich

concluded that the written text on the note "contained normal, natural and

spontaneous writing variations. These normal, natural and spontaneous

writing variations could be found in the letter formations, beginning

strokes, ending strokes, connecting strokes, etc.” Lesnevich Report at 2.

He further concluded that "examination and comparison of the questioned

written text appearing on the note with the known writing on the [known]

documents has revealed that the author of the known documents wrote the

note." Id. (reference numbers omitted). Mr. Lesnevich prepared a

thorough 51-page comparison chart "that points out and illustrates a

number of the normal, natural and spontaneous writing habits that were

found common between the written text appearing on the questioned note

and the known handwriting of Vincent Foster found on the [submitted

known] documents. Id. at 3.

Exhibit 29, US Capitol Police Identification Section Report, Sergeant Larry G.

Lockhart, July 29, 1993 (failing to identify characteristics for conclusion): "Both

the Known and Questioned Documents were completed by the same author/writer

and that writer/author is known as Vincent W. Foster." *Exhibit 30, Affidavit of

Reed Irvine re interview with Sergeant Lockhart, April 23, 1997 (Sergeant

repudiated his July 29, 1993 conclusion when unknowingly given same words

from both the exemplar and the note).

Exhibit 3], FBI Lab Report handwriting analysis, June 17, 1994: It was

determined that the handwriting on the previously submitted note

designated Q29 in the Laboratory report dated May 9, 1994 (Lab

: #40324038 S/D QV ZG WK UD AL QW ZT VY ZZ and AR) was

written by VINCENT FOSTER, whose known writings are designated

K4 (previously submitted and assigned Lab #40525017 S/D QV ZG UD

and VY), K5 (previousiy submitted and assigned Lab #40602045 S/D QV

UD) and K6 (assigned Lab #40617025 D UD).

*Exhibit 32, Opinion of Vincent J. Scalice, October 6,

1995 (re May 17, 1994 FBI Lab analysis above): [It is}

an unsuccessful attempt to produce a credible forgery... The use of a

single document and a series of checks alleged to have been written by

Events surrounding the death

The majority of the state of mind evidence, reflecting what

many Americans have read or heard, is set forth in the notes above.

In light of the physical evidence in the case, whether the depression

verdict is mostly fact or fiction (a problematic issue) is not relevant

to the issue of whether Mr. Foster died at his own hand at the park.

2. The record of events surroundiag the death

a. Before July 20, 1993

Mr. Foster arrived in Washington in January of 1993. He

first stayed with his sister. After a few months, he rented temporary

quarters and lived with his college-aged daughter. His wife, Lisa,

arrived in June with the younger son, having both stayed in Little

Rock for the completion of the son's junior year of high school there.

His elder college-aged son also arrived in June. They lived in a

Georgetown townhouse, 3027 Cambridge Place. "There were no

domestic problems between Lisa Foster during the entirety of their

twenty-five year relationship."

Mr. Foster was part of the core group of longtime Clinton

friends and supporters. They included Mr. Webster Hubbell, former

law partner of Mrs. Clinton and then deputy Attorney General, and

Marsha Scott, deputy assistant to the President. Associate White

House Counsel William Kennedy worked at the Rose Firm, both

Vincent Foster by the FBI's Questioned Document section is not

consistent with standard forensic examination. *** Q-1 appears to be a

forgery***

Compare [omitting May 17 FBI Lab Report] OIC, p. 107, fn.

338: At the request of the OIC, the FBI Laboratory compared the original

note to four original pages of known writing of Mr. Foster that the OIC

had obtained from the documents that were in Mr. Foster's office at the

time of his death. The Laboratory determined that the note and these four

sheets were written by the same person (Vincent Foster). FBI Lab

Report, 11/9/95, at 1.

Exhibit 16, Report of FBI interview with Mrs. Lisa Foster, May 9, 1994.

Events surrounding the death

before and after serving a stint as Counsel to the Senate

Appropriations Committee under Senator John McClellan in 1977.

David Watkins served as Director of White House Personnel. Bruce

Lindsey was (and is) Assistant to the President. Mack McClarty

served as White House Chief of-Staff. Mr. Foster's sister, Sheila

Anthony, was Assistant Attorney General for Legislative Affairs,

and in 1993, her husband, former Arkansas Congressman Beryl

Anthony, worked as a lobbyist.

Susan Thomases knew Mr. Foster for 17 years, since 1976.

The FBI report of its interview with her reflects that she last saw him

on Wednesday, July 13, when "they had lunch together with some

other people from Washington. She recalls him mentioning he had

planned to take a weekend trip to the Eastern Shore of Maryland.

She noted no change in his demeanor or his physical appearance but

was aware that he was working very hard and was under

considerable pressure. His death came as a complete shock to her

and she can offer no reason or speculate as to why he may have

taken his life."**

4 Exhibit 18, Report of FBI interview with Susan Thomases, June 6, 1994.

Compare James Stewart, Blood Sport, 1996: On July 11, Foster was

again complaining to his wife about the travel office... She [Thomases]

was worried about Foster. As someone who saw him less, the change in

his appearance and demeanor was more noticeable.*** Now [July 13]

she tried to reassure Foster, but he said he needed to talk to her “off the

campus," somewhere they wouldn't be seen. Thomases suggested 2020

"0" Street, a private rooming house where she herself sometimes stayed in

Washington. When Foster arrived that evening, Thomases thought he

looked a little better... But then he began to unburden himself. He

mentioned how overworked he was and how he lacked the time and the

support staff he was used to in Little Rock. If he didn't get more help, he

said, he was afraid he'd “let the President and Hillary down... And he

indicated he was homesick, not just for Little Rock, but for the quieter,

predictable life he had there. But then the conversation took a curious

turn. One thing he had not missed about his life in Little Rock was Lisa,

his wife. The marriage had not been what he'd hoped for, and it hadn't

been for years. He had to make all the decisions in the family. She was

completely dependent on him, and this had become a burden. He found

he couldn't confide in her. Lisa's recent arrival in Washington had

Events surrounding the death

Associate Legal Counsel Beth Nolan's FBI interview report

noted that as of Friday morning, "his mood had lifted a little in the

last couple of days of his life and she bases that on some joking

around that had occurred during the previous Friday [July 16] staff

meeting."”°

Before leaving his office for home shortly before 4:00 on

Friday, Mr. Foster checked out a long-range beeper”’ to take with

him for his weekend trip with Lisa to the Eastern shore of Maryland.

(It may have been the same beeper that was clipped to his waist

when his body was found four days later.”)

brought this to the fore, just when Foster himself needed someone to lean

on... Foster seemed... infinitely sad.

we Exhibit 3, Report of FBI interview of White House Associate Legal

Counsel Beth Nolan, June 7, 1994.

= Exhibit 2, Report of FBI interview with Executive Assistant to Deputy

Counsel Deborah Gorham, April 19 and 26, 1994.

™ Exhibit 33, Testimony before United States Senate by Park Police

Investigator John Rolla, July 29, 1994: Well, let me explain it to you.

You go on the scene, you observe the facts that are there, and the facts

that are there was that this was an apparent suicide. Not one fact then or

has ever come forward since then to this day to say it was anything other,

anything sinister, anything other than a suicide. With that in mind, a

pager, the White House credentials on the pager were recorded, at least

the pager was. I do not remember if I recorded the White House

credentials because obviously I am going to give them back to the Secret

Service. They may have been Xeroxed. The pager brand was recorded,

the name brand, the serial number was recorded, the pager was turned off.

As far as any information on the pager, he could have turned it off at any

time, and if anybody paged him while it was off, that does not tell me

anything. If they paged him after he killed himself, it does not tell me

anything. It does not tell me what time he turned it off because he could

have had his last page 20 to 30 minutes before he turned it off. If it

turned out something crazy, that it was a homicide, the FBI could have

taken my report and the serial number to the pager company and

subpoenaed the pager records and got all the calls that were paged to him

that date. We turned it over to the Secret Service, yes, any property that

belongs to the White House United States Government, the credentials

and the pager, a matter of security, yes, it is proper procedure. | called

Events surrounding the death ‘

"Lisa Foster made all the arrangements for the weekend and

asked Foster to be home by 3:00 p.m. that Friday, July 16, 1993.

Instead, Foster arrived home at approximately 4:00 p.m., and she and

Foster had to drive through terrible traffic to reach the Inn."””

The Weekend. The Fiske Report describes as “coincidence”

that Mr. and Mrs. Foster were spending the weekend at the

Tidewater Inn on the Eastern Shore of Maryland when Mr. and Mrs.

Hubbell were staying fifteen minutes away with Nathan Landow and

his son-in-law Michael Cardozo.” (Mr. and Mrs. Cardozo in

separate interviews reportedly told the Washington Post that the

weekend had been planned for more than a week.*") Mr. Cardozo

had been Deputy White House Counsel in the Carter

Administration,” the same position that Mr. Foster held at the White

House. Mr. Cardozo had also had spent four months at the DOJ

during the early days of the Clinton Administration.”

them up, they wanted to come down and get it, and I turned it over to

them after I recorded the information that I needed to get from it. I had

no further use for it, because there was nothing to say that this was

anything other than a suicide.

- Exhibit 16, Report of FBI interview with Lisa Foster, May 9, 1994.

7 Exhibit 12, Fiske Report, June 30, 1994: “Coincidentaliy, Webster

Hubbell and his wife were also on the Eastern Shore of Maryland for the weekend

staying with friends, Michael and Harolyn Cardozo, who also knew the Fosters.”

= A. Devroy & M. Isikoff, Wash. Post, Handling of Foster Case is

Defended, July 30, 1993: "In separate interviews yesterday, Harolyn Cardozo and

Michael Cardozo said the weekend had not been designed to cheer up Foster, but

had been planned more than a week before as a means for everybody concerned to

get a break from the stress of their Washington jobs.”

- Exhibit 1, Report of FBI interviews of Associate Attorney General

Webster Hubbell, April 13 & 15, 1994.

% Exhibit 1, Report of FBI interview of Webster Hubbell, April 13 & 15,

1994,

Events surrounding the death

Evidence shows that Mr. Hubbell knew where the Fosters

were staying from a telephone conversation he had with Mr. Foster

on Friday, July 16, 1993.** The Fosters and the Hubbells spent

Saturday and Sunday at the Landow Estate.** Other weekend guests

at Mr. Landow’s home included Nick Boliterri and Pam Shriver, who

played tennis with Mrs. Foster. There is no record of Mr. Landow,

the Cardozos or others present at the Landow Estate besides Mrs.

Foster or Web Hubbell ever being interviewed about the weekend.*

” Exhibit 1, Report of FBI interviews of Webster Hubbell,

April 13 & 15, 1994: Hubbell was asked about the weekend before

Foster's death. He explained that he and his wife were supposed to go to

dinner with the Fosters on Friday evening, but that Foster had called him

(Hubbell) in Miami and said that he and his wife were planning to go to

the Eastern Shore.

%. Exhibit 1, Report of FBI interviews of Webster Hubbell,

April 13 & 15, 1994.

- See Wash. Post, January 26, 1978: DC Gambling Kingpin is

Linked to Prominent Investors’ Casino Deal, January 26, 1978: Two

prominent Washington investors [Nathan Landow and Smith Bagley]

with connections to the Carter administration were involved in a proposal

to build a hotel and gambling casino in Atlantic City, with Washington

gambling kingpin Joe Nesline as a consultant. Nesline's involvement

with the casino venture became known Jan 14 when federal and local

police raided Nesline's Bethesda apartment... FBI agents seized a file

containing and memoranda spelling out a proposed $85 million deal

involving Bagley and Landow... [It] was not the only gambling venture

in which Nesline had been involved with Landow... Involved in the St.

Marten venture were Landow and Edward Cellini, a brother of Dino

Cellini, a former associate of organized crime figure Meyer Lansky... In

November... [t]he party at [the] Landow home was observed by

Montgomery County plainclothesmen, who took down license plate

numbers of guests’ cars. Officers of the county's organized crime section

have had Landow under surveillance for nearly a year. They learned

from Florida police that Landow had an interest in a now defunct

corporation whose concealed owners allegedly included an identified

member of the Carlo Gambino Mafia "family." Secret Service agents

who were at the party to protect the president's son, questioned the

Montgomery County plainclothesmen who explained their interest in

Landow. *** Landow said the meeting actually took place in the hallway

committee's chairman [was] the late Sen. John L. McClellan... *** [The]

Events surrounding the death

Webster Hubbell, close friend and law partner of Mr. Foster's

at the Rose Law Firm, was the only person present who was

questioned, other than Mrs. Foster. He mentioned the weekend only

briefly.*’

Sunday. Although Mr. "Foster had not made specific plans

for the [following] weekend... [h]e had spoken with Lisa Foster

about trying to go to Pennsylvania... but had not made any

reservations...""" He told Jim Lyons, a Denver lawyer and advisor,

who he spoke to on Sunday evening, that "he had a great weekend

and agreed that he ought to do it more often. They [also] confirmed

that Lyons was coming to Washington, D.C. the following

Wednesday, July 21, 1993."

Monday. The FBI's report of its interview with associate

Legal Counsel Beth Nolan reflects that "[s]he saw him [on] Monday,

July 19, 1993 for just a few minutes and he did not seem distracted

and handled the exchange normally." Director of White House

Personnel David "Watkins saw Foster at 11:00 am on Monday, July

19, 1993 as Foster was entering the White House. Foster stopped

Watkins as they were passing one another to pass on regards to

bueiness involvement of Landow that originally attracted the attention of

Montgomery County's organized crime unit was an investment in Quaker

Masonry... Florida law enforcement authorities reported to other police

agencies in October of 1973 that Anthony Plate known to them to be an

associate of the Gambinos, was believed to have a 25 percent interest in

Quaker.

a Compare: OIC, p. 100: "Dr. Berman said that Mr. Foster’s "last 96 hours

show clear signs of characteristic vulnerability."

rr Exhibit 16, Report of FBI interview with Mrs. Lisa Foster, May 9, 1993.

re Exhibit 35, Report of FBI interview of James M. Lyons, May 12, 1994.

” Exhibit 3, Report of FBI interview of Beth Nolan, June 7, 1994.

Events surrounding the death

Watkins from Pam Shriver whom he had recently met. Foster's

demeanor was cheerful."

One of Mr. Foster's sisters, Sheila Anthony, called to ask

how the weekend had gone.” Mr. Foster told her that he had a great

weekend. Sheila served as Assistant Attorney General for

Legislative Affairs in the Justice Department and lived in

Washington with her husband former Arkansas Congressman Beryl]

Anthony. Mr. Foster's other sister, Sharon Bowman, along with her

daughter, had just arrived for a visit from Arkansas, and was

scheduled to have lunch with Mr. Foster on Thursday, July 22.

Marsha Scott, longtime Deputy Assistant to the President and

Director of Presidential Correspondence, told the FBI that her

relationship with Mr. Foster was a "personal friendship,"“ having

known him since 1967. Ms. Scott's office was in the Old Executive

Office Building.“ She related that she met with Mr. Foster on July

19, 1993 in his White House office. That meeting lasted over an

hour. Linda Tripp, one of Bernard Nussbaum's Executive Assistants,

told the FBI this was "highly unusual."

2 Exhibit 15, Report of FBI interview with Director of White House

Personnel David Watkins, June 22, 1994.

™ Exhibit 8, Report of FBI interview of Associate Attorney General of

Legislative Affairs Sheila Anthony: "Lisa Foster came to Washington, D.C.

permanently in mid to late May 1993. On July 19, 1993, possibly in the morning,

Anthony called Foster. Foster stated that he was feeling good that the weekend

had gone pretty well." :

" Exhibit 36, Mr. Foster's calendar, Park Police file: "July 22, 1993, 1:15

p.m., Sharon lunch"

” Exhibit 37, Report of FBI interview report of Deputy Assistant to the

President Marsha Scott, May 12, 1994.

_ Exhibit 20, Report of FBI interview of Deputy Assistant to the President

Marsha Scott, June 9, 1994.

Exhibit 38, Report of FBI interview of Executive Assistant

Events surrounding the death

Ms. Scott first told the FBI that "[s]he does not remember

what topics they talked about"*’ the last time she saw her friend of

25 years who died the next day, but that "he did not appear distracted

or distressed."** She later told the FBI that she had stopped by to ask

him how the weekend on the Eastern Shore of Maryland had gone.”

Webster Hubbell also stopped by Mr. Foster's office. He

reportedly told the FBI he could not remember the "business matters

discussed, if any, but does remember discussing the previous

weekend the Foster and Hubbell families had spent together."

Reportedly, at sometime around mid-day on Monday, Mr.

Foster called his Little Rock physician and friend of fifteen years,

Larry Watkins. The FBI's interview report of Dr. Watkins reflects

that Mr. Foster complained of trouble sleeping, as he had confided to

Linda Tripp, April 12, 1994: Marsha Scott, Deputy Assistant to the

President and Director of Presidential Correspondence, came to see

Foster for a closed-door session that lasted over an hour, possibly as long

as two hours. This was highly unusual, both her coming to see him and

anyone taking up that much time with Foster..

- Exhibit 37, Report of FBI interview of Deputy Assistant to the President

Marsha Scott, May 12, 1994.

” Exhibit 20, Report of FBI interview with Deputy Assistant

to the President Marsha Scott, june 9, 1994: He loved being a lawyer and

she along with others just couldn't believe that he would have taken his

own life without having reached out to his friends. She said that during

the meeting on July 19, he did not appear distracted or distressed. She

explained that Foster could be very focused when he was involved in

something and she knew that she had interrupted his train of thought

when she entered the room but he didn't give her an indication that she

came at a bad time, otherwise, she would have left. They did not,

however, have a heart-to-heart talk...

6 Exhibit 20, Report of FBI interview report of Deputy Assistant to the

President Marsha Scott, June 9, 1994.

% Exhibit 1, Report of FBI interview of Associate Attorney General

Webster Hubbell, April 13, 1994.

Events surrounding the death

Web Hubbell.”! Dr. Watkins prescribed Desyril, apparently for

insomnia and not for depression. It is prescribed for both. The FBI's

version is that it was for depression, but Dr. Watkins told the FBI

that "[hJe did not think that Foster was significantly depressed nor

had Foster given the impression that he was ‘in crisis.’ From what

Foster told him, Foster's condition sounded mild and situational."

The doctor had prescribed Mr. Foster insomnia medication before,

probably in December, seven months earlier.*

"On the evening of July 19, 1993 Lisa cooked dinner at

home. When Foster returned home from work, he came into the

house [and] smiled at Lisa Foster while saying that a quarter to eight

was not bad. Lisa Foster responded to him that she was thinking he

would be home at 6:30 or 7:00 p.m."™

Vs Exhibit 1, Report of FBI interview with Deputy Attorney General

Webster Hubbell, April, 13 and 15, 1994: "He said, however, that both he and

Foster had confided in each other about sleep difficulties."

- Exhibit 22, Report of FBI interview with Dr. Larry Watkins, May, 16,

1994: [W]atkins knew that it took 10 days to two weeks to take effect but

helps with insomnia, sometimes the very first day. He felt it was very

important for Foster to start sleeping better and thought if he got some

rest that he would feel a lot better. He did not think that Foster was

significantly depressed nor had Foster given the impression that he was

"in crisis." From what Foster tc'd him, Foster's condition sounded mild

and situational. Watkins advised that he was only a little bit alarmed in

that Foster had insisted on talking to him directly instead of discussing

things through his nurse.

5 Exhibit 16, Report of FBI interview of Mrs. Lisa Foster, May 9, 1993:

“In terms of other drugs which may have been prescribed for Foster in the past,

Lisa Foster is aware of the sleeping pill Restoril having been prescribed. She also

recalls that an antibiotic was prescribed for Foster in approximately December,

1992." A

Exhibit 16, Report of FBI interview of Mrs. Lisa Foster, May 9, 1994.

Events surrounding the death

The President testified that on the evening of Monday, July

19, he called Mr. Foster at home.** Hubbell and Lindsey were with

the President when he placed the call.*° Among the reasons for the

call was that the President wanted to know, like Sheila Anthony and

Marsha Scott, how the weekend in Maryland with Hubbell and

"another couple" had gone. The President also claimed that he had

heard Mr. Foster was "down" about-the Travel Officer matter, and

telephoned to invite him to watch a movie at the White House,*” "In

the Line of Fire," with Hubbell and Lindsey. (The normal "movie

night" at the White House was Friday, not Monday.) The President

testified that "[i]t was a time of high stress for the Counsel's Office

because of the White House travel office matter and other things."

Mr. Foster declined, according to Mr. Clinton, because he was

home with his wife and wanted to stay there.”

The President then requested to see Mr. Foster.*' The

= Exhibit 40, Deposition of President Clinton by Robert Fiske and deputy

regulatory Independent Counsel Roderick Lankler, June 12, 1994: "Yes. WhenI -—

called him, I thought he might still be at work but it was in the evening. I don't

remember exactly what time it was, but it was already night."

- Exhibit 40, Deposition of President Clinton, June 12, 1994.

” Exhibit 40, Deposition of President Clinton, June 12, 1994: "But he said

-- first I asked him if he wanted to come to the movie."

” Exhibit 13, Report of FBI interview of Assistant to the President Bruce

Lindsey, June 22, 1994.

” Exhibit 40, Deposition of President Clinton, June 12, 1994.

" Exhibit 40, Deposition of President Clinton, June 12, 1994: "And he said

that he would like to, but that he was already home with Lisa and he didn't think he

should leave and come back to the White House. I understood that.”

. Exhibit 40, Deposition of President Clinton, June 12, 1994: Then I told

him | wanted to talk to him about some matters relating to the White

House and I wanted to ask his advice on some organizational issues, but

that I could not see him the next day because we had the announcement

of Mr. Freeh, the FBI Director, and several other things on my schedule,

Events surrounding the death

two men scheduled to meet Wednesday, July 21, to discuss,

according to the President, unspecified "organizational changes"

being contemplated at the White House.” According to the

President's testimony, if the organizational changes involved Mr.

Foster himself, Clinton was unaware of it. He denied being among :

those who reported to have known that something was disturbing

Mr. Foster, that he was depressed® or that he was considering

resigning.™

and could we please meet on Wednesday. And he said, yes, I have some

time on Wednesday and ! will see you then.

%: Exhibit 40, Deposition of President Clinton, June 12, 1994.

a Exhibit 40, Deposition of President Clinton, June 12, 1994: "Q. would

you have heard from him or anyone else that he was depressed? 4. No.

Not depressed. Now again leading up to the day - Q. Right. A. - when

I talked to him, I knew that he had been concerned about these things that

I mentioned earlier. But I wouldn't use the word ‘depressed’.”

2 Exhibit 40, Deposition of President Clinton, June 12, 1994: Q. We'll get

there in just a minute. Was there anything else that you heard, right up to

that phone conversation on the 19th that —- [question interrupted] A. No.

Q. — might be disturbing him? A. No. Q. Had you ever heard that he

was thinking of resigning his job? A. No.

Exhibit 8, Report of FBI interview of Deputy Attorney General of Legislative

Affairs Sheila Foster Anthony, April 28, 1994: “At the last dinner which Foster

shared with Anthony, Foster confided to her that he was considering resigning

from his post at the White House.”

Exhibit 7, Report of FBI interview of Associate White House Counsel

William Kennedy, May 6, 1994: Normal politics in RLF and feelings of

abandonment were there but it didn't rise to the level where Foster

thought he couldn't go back. Kennedy was asked if he observed any

noticeable behavioral or emotional changes in Foster. *** [H]e did not

recall in conversations with Foster that he [Foster] wanted to go back [to

the Rose Law Firm]... Kennedy did recall Foster making one comment to

him in the second week of June saying "he (Foster) was thinking of

finding a job with less pressure.” Another job in the administration with

not so much distress.

Exhibit 1, Report of FBI interview with Associate Attorney General

Webster Hubbell, April, 13 & 15, 1994: [Njewspaper accounts

Tuesday, July 20

b. Tuesday, July 20

As he left for work, Mr. Foster asked Mrs. Foster about her

schedule for the day, which she characterized as an "unusual"

question. It was the middle of the summer. He arrived at his

White House office about 8:50 a.m.,™ in time for the 9:00 Office of

Legal Counsel staff meeting.

That morning in his White House office, Mr. Foster wrote a -

letter to his mother, and mailed it roughly six hours before he died.°”

Mr. Foster's sister, Sheila Anthony, was with her mother when she

opened it. "The letter from Foster concerned oil leases which had

been passed on to Foster's mother from her late husband's estate... In

attempting to recall what was in the envelope, Anthony now believes

that there was an extremely brief cover letter which had been

typewritten, and which contained one or two sentences asking

concerning the previous administration's removal of office items was

determined by Hubbell as accurate. Hubbell said that he was not aware

that Foster was experiencing any type of stress. Foster never talked to

Hubbell about missing the comfort zone of the Rose Law Firm where

they had worked for more than 20 years.

Compare OIC, p. 99: "Dr. Berman reported that... He, furthermore, faced a

feared humiliation should he resign and return to Little Rock."

"5 Exhibit 16, Report of FBI interview of Mrs. Lisa Foster, May 9, 1994.

as Exhibit 2, Report of FBI interview of Executive Assistant Deborah

Gorham, April 19, 1993.

gf Exhibit 38, Report of FBI interview of Executive Assistant

Linda Tripp, April 12, 1994: Gorham told Tripp that the morning of his

death, much earlier tharrhis leaving, Foster placed three pieces of

correspondence in the outgoing mail. The pieces were definitely

personal, Foster having addressed them by hand and used stamps instead

of officially stamped envelopes. This was sufficiently unusual that

Gorham noted it, and told Tripp who two of the items were addressed to.

Tripp was unable to recall one of the items, but said the other was to

Foster's mother.

Tuesday, July 20 :

Foster's mother to sign the enclosed form and return it to the oil

company."®

He aitended the Rose Garden ceremony announcing the

selection of Louis Freeh to replace William Sessions as the FBI

Director, the first-ever FBI Director to be fired.”

. Exhibit 8, Report of FBI interview of Sheila Foster Anthony, April 26,

1994. |

sis See M. Isikoff, Sessions Said Likely to Quit as FBI Chief Within Days,

Wash. Post, July 17, 1993: An internal Justice Department report

concluded that Sessions had committed numerous ethical abuses...***

Knowledgeable sources said that by the time she took office in March,

Reno had concluded that Sessions had to leave. *** At one point,

Sessions-suggested that he fly down to Waco, a city where he once lived,

so he could personally negotiate with cult leader David Koresh. The idea

of an FBI director personally seeking to negotiate with a religious fanatic

whom bureau scientists had already concluded was a madman alarmed

FBI officials...

M. Isikoff, Sessions Adopts Defiant Stance, Wash. Post, July 19, 1993: "Sessions

— who has been under a cloud for months because of internal Justice Department

findings of ethical lapses..."

M. Isikoff & Ruth Marcus, Clinton Fires Sessions as FBI Director, Wash.

Post, July 20, 1993: Clinton telephoned Sessions yesterday afternoon to

inform him that he had been fired and then called back several minutes

later to remind him that the dismissal was "effective immediately." The

President told reporters later that he acted after Attorney General Janet

Reno reported... *** Officials said the delay was partly to avoid any

criticism that the FBI was being politicized... *** Clinton yesterday

named Clarke to serve as acting director until a successor is confirmed.

On Saturday morning Sessions was summoned to a meeting with Reno

and White House counsel Bernard Nussbaum and was told to quit by

Monday or be fired. *** Rep. Charles E. Schumer (D-NY), chairman of

the House Judiciary subcommittee on crime, said that Sessions "has lost

rank-and-file support and therefore his leadership effectiveness has been

ae severely compromised."

Tuesday, July 20

At around noon, Betsy Pond, White House Counsel

Nussbaum's Executive Assistant, ordered Mr. Foster's lunch, a

cheeseburger and French fries.” Because Mr. Foster's Assistant,

Deborah Gorham, had already left f>r her lunch break, he asked

Linda Tripp, the other of Nussbaum's Executive Assistants, to fetch

the lunch he had selected off the daily menu of the cafeteria. A little

while later, Mr. Foster dispatched Tom Castleton, a junior employee

of the Office of Legal Counsel, to the cafeteria to see what was

taking Tripp so long. When Castleton saw Tripp, she was on her

way back with Mr. Foster's lunch and was surprised that Mr. Foster

had sent Castleton to look for her because she had not been gone

long.”!

Tripp delivered Mr. Foster's lunch, a medium-rare

cheeseburger, French-fries, a Coke, and some M&Ms, to his office.

He relaxed on his couch and read his newspaper while he ate his

meal.” At about 1:00,” as he left his office for the last time, Mr.

Foster told Tripp that there were still some M&Ms on his tray if she

wanted them. He also said, "I'll be back." Tripp told the FBI that

"[t]here was nothing unusual about his demeanor and he did not

seem distressed."”

” Compare OIC, p. 109: "I talked to Vince on 7/19/93, at which time he

~ complained of anorexia..."

se Exhibit 38, Report of FBI interview of Linda Tripp, April 12, 1994.

ss Exhibit 38, Report of FBI interview of Executive Assistant Linda Tripp,

April 12, 1994.

7 Exhibit 41, Report of Park Police interview with Executive Assistant

Betsy Pond, by Captain Charles Hume, July 22, 1993: “At around 1300 hours he

[Foster] came our of the officeand stated 'T'll be back, there are M&Ms left in my

Office.”

” Exhibit 38, Report of FBI interview with Executive Assistant to Counsel

Linda Tripp, April 12, 1994: Shortly after she left him eating and reading

the newspaper Foster came out of the office with his jacket on and empty

handed. He said, "There are lots of M&M's left in there. I'll be back."

There was nothing unusual about his demeanor and he did not seem_

distressed.

Tuesday, July 20

Betsy Pond also saw Mr. Foster leave his office for the last

time. "[S]he and Linda were in the office when he left... There was

nothing unusual about his emotional

state. In fact, over the last several weeks she did not notice any

changes, either physically or emotionally. She noticed no weight

loss. She was unaware of him taking any medication or seeing any

doctors. I asked her would she be surprised if I found out he was -

seeing a psychiatrist. She said yes. She was not aware of any

depression problems."”* .

When his Executive Assistant, Deborah Gorham, returned

from lunch, "Foster was gone... Pond told her that he had had his

lunch, left M&M's for everybody, and left with his jacket slung over

one shoulder, saying 'T'll be back.'"”® Gorham reported that he “had

never left in the middle of the day before," but that he "appeared

relaxed and normal."”’

After Mr. Foster left, a number of people tried to reach him

by telephone. Brantley Buck, a Rose Law Firm partner, called twice

from Little Rock, reportedly regarding the blind trust that Mr. Foster

—

Exhibit 41, Report of Park Police interview with Executive Assistant

Betsy Pond, by Captain Charles Hume, July 22, 1993.

ss Exhibit 2, Report of FBI interview with Executive Assistant to Deputy

Counsel Deborah Gorham, April 19 and 26, 1994: Soon after he returned

— about 11:40 — 11:50, Gorham entered his office and told him she was

going out and did he need anything. He answered, "No _ I believe I have

everything.” He appeared relaxed and normal. Foster was gone when she

returned about 1:20 — 1:30 p.m. He had left a couple of letters and a

memo for her to type. She does not recall who the letters were to or what,

specifically, the memo pertained. She also does not recall what was on

his itinerary for the afternoon. Pond told her that he had had his lunch,

left M&M's for everybody, and left with his jacket slung over one

shoulder, saying "I'll be back."

Exhibit 2, Report of FBI interview with Executive Assistant Deborah

Gorham, April 19 and 26, 1994.

Tuesday, July 20

was handling for the Clintons. 78 (Buck described Mr. Foster's

remaining duties concerning the blind trust as being merely

"ministerial."”®) Gordon Rather, a Little Rock Attorney who worked

at Bruce Lindsey's and the President's old firm, also called,™

reportedly about the President's appointment of federal court judges.

Maggie Williams, Ms. Clinton's Chief of Staff, also called, as did

William Kennedy.*' Betsy Pond paged him at Nussbaum's request.”

When Mrs. Foster called around 5:00,8° Deborah Gorham told her

_ that Mr. Foster was unable to come to the phone, but did not reveal

that he had left his office around 1:00 and had not returned, as he

said he would. _

That evening, Web Hubbell was beeped while having dinner

at the Lebanese Taverna restaurant in Washington with his wife, his

children, White House intern Janet Schaufele, and Marsha Scott.

Hubbell, his wife, and Marsha Scott proceeded to the Anthony's

nearby home to notify Mr. Foster's two sisters, brother-in-law and

niece of the death.™ Officially, Sheila, Sharon, and Web then went

a Exhibit 12, Fiske Report, June 30, 1994. Exhibit 40, Deposition of

President Clinton, June 12, 1994.

5 Exhibit 42, Report of FBI interview of C. Brantly Buck, May 18, 1994.

Exhibit 12, Fiske Report, June 30, 1994.

= Exhibit 43, Report of FBI interview of Gordon S. Rather, May 17, 1994:

"He was impressed with the fact that the same day, possibly within an hour of his

call [2:14 p.m.], someone from Foster's office called him back and asked if it were

an urgent matter or if it was all right if Foster returned his call the following day.”

ses Exhibit 2, Report of FBI interview of Executive Assistant Deborah

Gorham, April 19, 1993.

” Exhibit 2, Report of FBI interview of Executive Assistant Deborah

Gorham, April 19, 1993.

™ Exhibit 16, Report of FBI interview of Mrs. Lisa Foster, May 9, 1994.

= Exhibit 37, Report of FBI interview with Deputy Assistant to the

President Marsha Scott, May 12, 1993: "Foster's other sister Sharon Bowman, was

also visiting from Arkansas. Scott told the two sisters and the niece what had

occurred. Scott was unable to say who was notified in what order among The

1994,

Tuesday, July 20

to the Foster residence. Reportedly they arrived at the same time as

Park Police investigators Cheryl Braun and John Rolla had, to notify

the family. The whereabouts of Sheila's husband Beryl and the

Foster sons that evening is unclear. The two Police Investigators

spent 70 minutes in the Foster home where a dozen or so close

friends and relatives gathered. Ae» ziding to Webster Hubbell,

“everyone at the Foster residence that evening was trying to make

logic out of the death, trying to pinpoint some event, but that they

could not do so..."*° Investigator Rolla testified about his interview

of some of those there that night.

Q. Did anyone at the notification mention depression

or anti-depressant medication that Foster might

have been taking?

A. I mentioned depression, did you see this coming,

were there any signs, has he been taking any

medication? No. All negative answers.”

White House staff." See also Exhibit 44, White House Chronology Memo by Jane

Sherburne, May 15, 1996: "Marsha [Scott] and Web [Hubbell] found Sheila

Anthony at home with Vince Foster's other sister [Sharon Bowman] and her

daughter, who was visiting from out of town."

- Exhibit 1, Report of FBI interview with Associate Attorney General

Webster Hubbell, April, 13 and 15, 1994: Hubbell said that everyone at

the Foster residence that evening was trying to make logic out of the

death, trying to pinpoint some event, but that they could not do so. ***

Individuals present at the Foster residence on the night of Foster's death

included the following: Bruce Lindsey; Bill Kennedy; Marsha Scott;

David Watkins and his wife (Watkins was Operations for the White

House); Mack McLarty and his wife Donna; Senator Pryor; Beryl!

Anthony; Foster's daughter, Laura; and then later the two boys were

located, and on one of those nights [sic], President Clinton...

[Also present at the Foster residence that night were David Gergen, Sheila

Anthony, Sharon Bowman & daughter, Craig Livingstone (outside), Helen Dickey,

Vernon Jordan, Walter Pincus and Mrs. Pincus. ]

Exhibit 6, Deposition of Park Police investigator John Rolla, July 21,

Tuesday, July 20

On July 21, Mr. Clinton spoke to the White House staff

members who knew Mr. Foster well.

In the first place, no one can ever know why this happened.

Even if you had a whole set of objective reasons, that

wouldn't be why it happened, because you could get a

different, bigger, more burdensome set of objective reasons

that are on someone else in this room. So what happened

was a mystery about something inside of him. And I hope all

of you will always understand that... [Vince Foster] had an

extraordinary sense of propriety and loyalty, and I hope when

we remember him and this we'll be a little more anxious to

talk to each other and a little less anxious to talk outside of

our family.*’

c. No record of Mr. Foster's having left the

White House complex

The White House itself is roughly a rectangular-shaped

building with a wing on each end. It is bordered by Fifteenth Street

on the East and Seventeenth Street to the West. Beyond the West

Wing of the White House, running perpendicular to it, is West

Executive Avenue. It is lined on both sides with end-in parking.

Across West Executive Avenue from the White House, also within

the White House campus, is the Old Executive Office Building

(OEOB). A security fence surrounds the White House grounds,

including the OEOB.

Compare A. Devroy & M. Isikoff, Handling of Foster Case is Defended,

Wash. Post, July 30, 1993: Police who arrived at Foster's house the night

of the death were turned away after being told Lisa Foster and family

members were too distraught to talk. Investigators were not allowed to

interview her until-yesterday. “That was a matter between her lawyers

and the police," [David] Gergen said, and the White House "had no role

in it."

7 Exhibit 45, Remarks by the President to the White House staff, July 21,

1993.

Tuesday, July 20

Prior administrations had housed their entire Counsel's office

in the OEOB. The Clinton administration moved the offices of

White House counsel Bernard Nussbaum and deputy Counsel

Vincent Foster to the second floor of the West Wing. The majority

of the White House Counsel's offices, where Associate Counsel

William Kennedy and others were, remained in the OEOB. Mr.

Kennedy reported to Mr. Foster.®

The Office of White House Personnel Security, of which

Craig Livingstone served as Chief, was also in the OEOB.® Mr.

Livingstone reported mostly to Mr. Kennedy, and so was a regular

visitor to the White House Counsel's Office in the OEOB.

Livingstone was also a regular visitor to Mr. Foster's office in the

west wing.

- Exhibit 46, Deposition of Associate White House Counsel William

Kennedy, July 11, 1995: "Q. And did you report through Mr. Foster to Mr.

Nussbaum or directly to Mr. Nussbaum? A. Usually through Mr. Foster.”

Exhibit 47, Deposition Craig Livingstone, July 10, 1995: "Q. Okay, and

you reported to Mr. Kennedy? A. That's correct... Q. Mr. Livingstone, in the

White House complex, where is your office? A. I'm located in the Executive

Office Building in Room 84."

” Exhibit 48, Deposition of Tom Castleton, June 27, 1995: Q. [W]ho were

regular visitors to the counsel's [Foster's] office? A. ...Craig Livingston...

Q. What was Mr. Livingstone's business at the counsel's suite in the west

wing? A. Well, I think he worked for us. He was.the director of security

and the counsel's office, | believe, serves as an umbrella to that office. Q.

He had a reporting relationship to Mr. Nussbaum? A. Yes, although |

think he more directly reported to Mr. Kennedy... Q. Where was Mr.

Kennedy's office physically located? A. In the Old Executive Office

Building.

Tuesday, July 20

White House Campus: Mr. Foster's car was officially

parked on West Executive Avenue between gates designated

as A and D. His car would have exited the campus from

gates designated as A, B, C, or D.

On July 20, 1993, Uniformed Secret Service Officer John S.

Skyles was posted at the exit in the West Wing, close to West

Executive Avenue. He told the FBI he recalled that Mr. Foster had

walked out of the West Wing "about lunchtime” on July 20. Officer

Skyles "easily recognized Foster because he had seen him enter and

exit the White House west wing on numerous occasions." Skyles

"remembers this encounter in detail because, when he heard that

Foster had died via suicide, he distinctly recalled that Foster did not

appear to be at all depressed or preoccupied as he walked by. He

-38

Tuesday, July 20

said that he was therefore quite surprised to hear that Foster had

committed suicide."”!

The morning after Mr. Foster's death, FBI agents Dennis

Condon and Scott Salter were dispatched to the White House to meet

with FBI agent John Danna to investigate the death. They visited the

OEOB. Agent Condon testified he could "not recall" why they went

to the OEOB, what offices they visited, or to whom they had spoken.

Q. Where did you go there [OEOB], what office in

particular?

A. I don't recall.

Q. ~ Do you know why you went there? = _

A. I don't recall exactly, no.

Q. Did you meet anybody there?

A. I believe so, but I don't know...”

we Exhibit 49, Report of FBI interview of US Secret Service Officer John S.

Skyles, April 21, 1994: He explained that he easily recognized Foster

because he had seen him enter and exit the White House west wing on

numerous occasions when he (Skyles) was on duty. On July 20, 1993,

Officer Skyles worked the 6:30 a.m. through 3:00 p.m. shift at post E-4.

He described this as a rather routine day about which he could recall

noticing nothing out of the ordinary. He advised that numerous White

House staffers came and went through post E-4 on July 20 but that he

could recall few specifics about these individuals. He advised, however,

when he learned of Vincent Foster's death late on the evening of July 20,

he remembered that he had seen Foster leaving the west wing of The

White House through entrance E-4 earlier that day. Skyles said that he

was approximately two thirds of the way through his shift on July 20

when he saw Foster leaving The White House. He said that while he

cannot recall exactly when he saw Foster, he does distinctly recall that it

was "about lunchtime." He said that as Foster walked pass [sic] the guard

desk at entrance E-4 he (Skyles) asked Foster, "How are you doing sir?"

He said that Foster replied, “Hello-fine" and nodded his head to Skyles

with what Skyles remembers as a “half smile.” Officer Skyles said that

he remembers this encounter in detail because when he heard that Foster

had died via suicide he distinctly recalled that Foster did not appear to be

at all depressed or preoccupied as he walked by. He said that he was

therefore Quite surprised to hear that Foster had committed suicide.

as Exhibit 50, Deposition of FBI Agent Dennis Condon, June 28,

Fort Marcy Park

If these agents interviewed anyone at the OEOB, the

interview reports have not been made public. So, we do not know

who, other than Uniformed Secret Service Officer John Skyles, saw

Mr. Foster around lunchtime.

Officially, Mr. Foster went to his Honda, parked in slot i6 on

West Executive Avenue,” then drove off the White House campus

and, hours later, into the Fort Marcy lot. There has never been any

video or testimonial evidence produced that Mr. Foster did, in fact,

leave the White House grounds in his car. Officer Skyles is the last

publicly known person to have seen Mr. Foster alive.

3.‘ Fort Marcy Park, discovery of body

a. Fort Marcy Park

Fort Marcy National Park is about 25 acres in size. It is

located about a mile from Washington in suburban McLean,

Virginia. It is five-and-a-half miles from the White House. The

park is preserved for historical reasons. It offers no view of the

nearby Potomac River and is not scenic. The park is positioned

between two busy arteries into Washington, Chain Bridge Road to

the north and the George Washington Memorial Parkway to the

south.

1995: Q. At what point did Agent Danna meet with you? A. I believe

we met with him almost immediately upon our arrival... Q. And then

you went into the Old Executive Office Building? A. I believe that's

correct. Q. Where did you go there, what office in particular? A. |

don't recall. Q. Do you know why you went there? A. I don't recall

exactly, no. Q. Did you meet anybody there? A. I believe so, but I don't

know — I don't recall exactly who that might have been, possibly

somebody from the Secret Service, but I'm not certain.

vss Exhibit 16, Report of FBI interview of Lisa Foster, May 9, 1994.

” Compare OIC, p. 102: As to the Fort Marcy Park location, Dr. Berman

stated Mr. Foster "was ambivalent to the end" and may have driven for a

while before going to Fort Marcy Park.™** He may have "simply and

inadvertently happened upon the park or he may have purposely picked it

off the area map found in his car."™** Dr. Berman stated that Mr.

Fort Marcy Park

The park contains no buildings. The Fort is simply earthen

embankments, or berms, shaped roughly like a triangle. The Fort is

located in the northern part of the park, with one side of the triangle

running parallel to Chain Bridge Road, about fifty feet from it. Two

sides, or berms, of the triangle are about 375 feet long, and one is

around 300 feet. Except for the area inside the triangular Fort and

the parking lot, visibility is very limited because most of the park is

heavily wooded. The berms that form the sides of the fort are

covered with trees and underbrush.

The park's small, banana-shaped parking lot is about 100 feet

southeast of the southwest corner of the Fort. It parks 21 cars. The

only paved vehicle access into the park is a 300-foot driveway into

the lot, running due south to the Parkway. At the southern end of the

parking lot, bordering the footpath leading to the Fort, is a sign with

a description of the park.”®

Foster's suicide in Fort Marcy Park is "[s]imilar to the typical male

physician who suicides by seeking the privacy of a hotel room, and a ‘do

not disturb’ sign."

With the outbreak of the Civil War, Washington turned into the training

ground, arsenal, supply depot, and nerve center for the Union cause. To

protect the city and vital supply routes from enemy hands, Union armies

built a ring of earthen fortifications. The remains of those fortifications

preserved by the National Park Service are now known collectively as the

Fort Circle Parks. Taking command of and reorganizing the Army of the

Potomac, Major General George B. McClellan appointed Major John G.

Barnard of the Corps of Engineers to build many new forts. By the spring

of 1865, the defense system totaled 68 forts and 93 batteries with 807

cannons and 98 mortars in place. Washington had become the most

heavily fortified city in the world. Fort Marcy, perched high above the

Potomac, protected against enemy attacks from northern Virginia land

routes.

Fort Marcy Park

Fairfax County, Virginia

Mr. Foster's body was found close to the northwest tip of the

Fort, lying on a path on the outward side of the western berm around

100 feet from Chain Bridge Road and 300 feet from the closest

house which is just on the other side of Chain Bridge Road. The

next three closest homes are on the same side of Chain Bridge Road,

from 470 to 550 feet from the body site. Four or more homes are

Pear heel en ee 5 ie te

Fort Marcy Park

600 to 700 feet from the site, and the two Saudi Arabia Embassy

buildings are 700 feet away the site.*®

Another vehicular approach to Fort Marcy Park is an old dirt

road around 600 feet west of the body site. This road runs along the

western border of the park and the nearby homes. The hidden

entrance to this old civil war road is a driveway to a house on Chain

Bridge Road that abuts the park (681 Chain Bridge Road). The

ground separating the body site from the old road is so heavily treed

that the civilian who officially discovered the body testified that

anyone entering the park via this road "would not be seen. period."””

The fence separating this road from the park's border is collapsed for

several yards, near an old unoccupied cabin located near the park's

border. (There is not a single reference to this Civil War road in the

entire investigative record, including the OIC's Report.)

In July of 1993, seventeen-year-old Leslie Rutherford lived

near the park. The day before Mr. Foster's death, Monday, July 19,

1993, was an extremely hot and humid day. At around three o'clock

that afternoon, Leslie was walking near the west border of Fort

Marcy Park, having entered the park over or through one of the gaps

in the park's fence bordering the old road. Although investigators

did not canvass the neighborhood, she came forward during the

initial investigation because she remembered seeing a man wearing a

Compare Exhibit 12, Fiske Report, June 30, 1994: "Saudi residence is

the closest building to the park.”

Exhibit 51, Deposition of Dale [see below] by Congressman Burton,

_ Mica, Rohrabacher, July 28, 1994: Q. But there is a private road that

goes back to that cabin? A. There is a private road that goes right back

to it from the housing development right next to it. Q. Okay. If

somebody came back that road they wouldn't be seen? A. They would

not be seen, period. Q. How far is that from the cabin? A. 150, 175

yards. Q. So they could have walked around that and come right up —

A. They are dead in the woods all the way, and there is a path that leads

right straight through there, a very well worn walking nature trial.

Fort Marcy Park

suit walking through Fort Marcy, and "thought it was strange."”*

The man she saw was in the section of the park where Mr. Foster's

body was found the following day. When she looked in his

direction, he immediately turned his head away. The only Park

Police record of the strange man Leslie saw is found in handwritten

notes of Investigator Renee Abt, recorded on July 24, 1993. The

typewritten Park Police reports did not mention this man.

The FBI's Report of its interview with Leslie is dated May

17, 1994.

[A]t approximately 3:00 p.m. on July 19, 1993... [she]

noticed at a distance of approximately 10 to 15 feet a white

male walking by himself in a direction leading from the

George Washington Memorial Parkway into the northeast

section of the park. She stated what caught her attention was

that this white male, in spite of the heat, was dressed in a

dark suit, white shirt, and a red neck tie. [She] further

described this white male as being in his early 40's, dark hair,

approximately 180 pounds, and slightly over 6 foot [sic] in

height... This white male had no facial hair nor was he

wearing eyeglasses. She further stated that when she noticed

this white male, he immediately looked away from her and

therefore she could furnish no additional details relative to

his facial characteristics. In a further attempt to determine

the height of this white male, it was [the interviewee's]

opinion that he was slightly over 6 foot [sic] tall, but did not

approach 6 foot [sic] 4 inches in height. [The interviewee]

was exhibited photographs of Mr. Foster but she was unable

to make any determination as to whether these photographs

resembled the white male she saw at the park on July 19,

1993.

Exhibit 52, Handwritten notes of Park Police Investigator Renee Abt, July

24, 1993: "Saw man walking thru [sic] park on Monday thought it was strange."

Exhibit 53, Report of FBI interview of Leslie Rutherford, May 17, 1994.

Discovery of Body

The FBI reported that she observed this man in the "northeast

section of the park." Northeast is the opposite from where she had

the man. But the handwritten notes by the FBI agent who

interviewed Leslie reflect that she actually said she saw the

suspicious acting man on the path on the park's "west border," where

she had entered the park from the direction of the neighboring tennis

courts -- and the side of the park where Mr. Foster's body was found.

"Location - by cabin by the tennis courts - west

border of Ft. Marcy park - on path."!

The OIC omits any mention of Leslie Rutherford's account of

having seen a man acting suspiciously by the back road the day

before the death, wearing a suit in 90 degree weather.

b. Official version of discovery of body

Summary: The OIC reports that at 5:50 p.m., Dale stopped at

the park to urinate, discovered the body, drove 3 miles and

reported the death to two park workers. Fight months later, a

New York daily newspaper reported that two park workers

admitted that they had discovered the body, whereupon Dale

decided to come forward, contacted G. Gordon Liddy, and

the FBI interviewed Dale. Based on a "detailed" comparison

of Dale's version of the conversation with the park

maintenance workers’, Fiske gave credence to Dale's account,

yet these accounts differ in virtually every detail, including

that the maintenance workers reported that Dale said the

body had been shot. Dale saw no gun and believed death had

been caused by a blow to the head.

The OIC reports that Mr. Foster's body was found by "C5",

which stands for the fifth civilian witness at the park. His first name

is Dale. The Fiske Report refers to him as "CW," which stands for

“= Exhibit 54, Handwritten notes of FBI interview of Leslie Rutherford,

May 17, 1994,

Discovery of Body

"Confidential Witness." He had requested anonymity (Dale's full

name has since been published in the Washington Times and its

sister publication Insight on the News). Dale is the only one of the

five civilian park witnesses whose name is wholly redacted in the

government records of the case. Officially, he discovered the body,

drove 2.75 miles on the outbound George Washington Parkway to

the Park Headquarters at the Turkey Run Maintenance facility,

where he saw two uniformed off-duty Park Service employees. He

told them about the body, whereupon one of them reportedly called

authorities.

OIC, p. 22:

C5 said that he exited his van, and while walking through the

park, found Mr. Foster's body near the second cannon, the

cannon closer to Chain Bridge Road/™” C5 then left Fort

Marcy and drove approximately 2.75 miles further outbound

on the GW Parkway to a parking area near GW parkway

Headquarters; there, C5 reported the dead body to two off-

duty Park Service employees who called 91 | aaa

Aside from what is in the Fiske and Starr Reports, we learn

of Dale's story from three sources. The first is the March 22, 1994

"Report of Interview," authored by radio talk show host and former

FBI agent G. Gordon Liddy, to whom Dale had confided. Second,

we have four reports of FBI interviews by FBI agents Monroe and

Columbell. And third, we have Dale's deposition, taken at his home

on the evening of July 29, 1994, by Congressmen Dan Burton, Dana

Rohrabacher, and John Mica. Most of what we know is from this

transcript. (Burton took Dale's deposition before the Fiske Report

was released to the public. The Senate Banking Committee never

deposed the Park Service employees or any civilian park witnesses.)

mitten | ee ee

Discovery of Body

Dale reported that he stopped at the park because of an urgent

need to relieve himself.'"' He backed into a parking space, took off

his shirt and walked to the furthest end of the fort, around 750 feet,

whereupx 1 he urinated.

After he discovered the body, he said, he drove to the Turkey

Run maintenance facility "to go to the nearest phone"! (it was not

the nearest phone). Dale said he told a Park Service maintenance

worker about the body. Dale did not make the call to authorities

himself (or come forward for eight months) because, as he later told

G. Gordon Liddy, he didn't "want to end up like that guy"! he

found. Dale had inspected the body and was certain there was no

gun in Mr. Foster's hand. Dale never explained why he feared he

would "end up like that guy" simply by virtue of his having

discovered the body.

Dale claims the catalyst for his coming forward was the

appearance of an article in the March 14, 1994, issue of the New

York Daily News. It began with puffery, reporting that although

most of the investigation was still-secret, the New York Daily News

had reviewed the Park Police Report. It then reported what Dale

claimed was the cause of his concern, that one of the Park Service

workers had discovered Foster's body at the park but had lied about

it because, at the time, he had been drinking at the park.

Most of what happened in Fort Marcy Park on July 21 [sic]

has remained secret. The Park Police Report has only been

reviewed once by the Daily News... The body was

discovered by a park maintenance worker who had slipped

101

Exhibit 55, Report of FBI interview with Dale, April 14, 1994: "(H]e had

an urge to relieve himself and realized that the first pull off area where he could

have some degree of privacy was Fort Marcy Park.”

- Exhibit 51, Deposition of Dale by Congressmen Burton,

Mica and Rohrabacher, July 28, 1994.

103

1994.

Exhibit 56, Report of interview of Dale by G. Gordon Liddy, March 22,

Discovery of Body

into the area for a quiet midday drink. He reported finding

the body, but then made up a story about having seen a white

van. He has since recanted the white van story, admitting it

was created to cover up his own behavior."

Dale testified why he reconsidered. F

"[W]hat I knew would become public and if there was a

threat to me, that, that possibility would be greatly, greatly Z

reduced simply by the fact that what I knew would have been |

now made official.""”

Dale said he was worried because, he reasoned, if he

officially did not exist, Foster's killers might kill him, too. He talked

it over with his brother, who suggested that Dale contact former FBI

agent G. Gordon Liddy because Liddy could be trusted not to reveal 3

Dale's identity. Liddy took Dale's information, wrote a "Report of 1

Interview," and forwarded it to deputy regulatory Independent :

Counsel Roderick Lankler. 4

Liddy's Report related that Dale had described seeing a white :

car, and in it, from the distance of twenty-five feet away’ through =

the closed windows, a suit-jacket that "matched" the trousers he had

seen on Mr. Foster, and a briefcase. Dale testified that on the

passenger's side floor of the car he saw "a four-pack of wine cooler

a M. McAlary, Aide's Suicide is Confirmed by Heads-up Cops, N.Y. Daily

News, March 14, 1994. See also J. Seper, Foster death still a puzzle, Wash. Times,

July 19, 1994: "The man told the FBI and Mr. Liddy that he notified National

Park Service personnel of the discovery [of the body] and then left the park."

seal Exhibit 51, Deposition of Dale by Congressmen Burton, Mica and

Rohrabacher, July 28, 1994.

wae Exhibit 56, Report of Interview of Dale by G. Gordon Liddy on March

22, 1994: "[O]bserved a suit coat [in the car] which matched... from

approximately eight feet above and twenty-five feet laterally in distance.”

Discovery of Body

with two gone,"!”” and that the wine coolers had a light pink label

"exactly like the bottle" he had seen beside the body.'™

In his cover letter, Liddy concluded that Dale had described

the interior of Mr. Foster's car, and wrote that "the report contains

information about the scene and the interior of Mr. Foster's

automobile that I, for one, have never seen published."'”

Liddy told Dale that he could trust the two FBI agents who

were to interview him, because, Dale testified, Liddy said they were

“old Hoover guys... not young kids... trying to get a reputation or

prove anything [and that] they can be trusted.""!" (Three weeks

later, these same agents interviewed Patrick Knowlton.)

ai Exhibit 56, Report of Interview of Dale, by G. Gordon Liddy, March 22,

1994: He observed a suit coat which matched in color the trousers on the

body he had found. The coat was light gray, appearing to be thrown, not

neatly folded, over the back of the seat on the passenger's side. The coat

was barely over the top of the seat-back. Witness thinks he saw a

briefcase on the passenger's side on the floor, although he is not certain.

He stated that he is certain, however, that there was a "Four pack" of

"wine cooler" in there. Witness stated that he observed the interior of the

Honda from approximately eight feet above and twenty-five feet laterally

in distance. -

Exhibit 51, Deposition of Dale by Congressmen Burton, Mica and

Rohrabacher, July 28, 1994: Q. And you said that you also saw a wine

cooler pack on the floor? A. A four-pack wine cooler with two gone.

The same color as - it was - it had a light pink label. Q. Okay. Did it

look like the bottle that you saw beside the body? A. Exactly like the

bottle.

on Exhibit 59, Letter from G. Gordon Liddy to deputy regulatory

Independent Counsel Roderick Lankler, April 5, 1994.

110

Exhibit 51, Deposition of Dale by Congressmen Burton, Mica and

Rohrabacher, July 28, 1994: A. And I went to them because after talking

with Mr. Liddy the FBI was really asking and begging and doing

everything they could to get in touch with me. Mr. Liddy said these are

two of the old Hoover guys, they are not young kids and they're not trying

to get a reputation or prove anything. I think they can be trusted, I think

you can help an investigation, would you be willing to meet with them.

Remaining as a confidential witness with their promise to do the same

69 “

Discovery of Body

The Fiske Report patently gave credence to Dale.

In order to test the veracity of the information provided by

CW, this Office performed a detailed analysis of that

information. CW provided details that have never become

public, and that could have been known by the person who

discovered Foster's body. These details include specific

information about the appearance and location of the body,

the description of the park maintenance workers, and the

short conversation held with them.'"'

Dale testified that he saw no gun, no “signs of a gunshot on

his shirt or clothes,"'”? and that he figured that

Mr. Foster had been “hit in the head.”'” Yet, according to the FBI's

Report of its interview with one of the two park maintenance

workers, Charles Stough, Dale told him the body had been shot.

[Stough] stated that the driver of this white van specifically

asked him if he would call the Park Police, further informing

and they have done that absolutely. Q. What are the names of the two

agents... A. | prefer you all don't have them. Q. We are not going -- they

are going to testify tomorrow before the Committee so their names will

be known tomorrow.

= Exhibit 12, Fiske Report, June 30, 1994.

- Exhibit 51. Deposition of Dale by Congressmen Burton, Mica and

Rohrabacher, July 28, 1994: Q. Yeah. Go ahead. Tell us what you saw.

A. I saw blood traces on his nose and lips. There was not streams of

blood on the side of his face. There was not trickles of blood as indicated

in the Foster report. | was looking straight down into the man's face and

saw the blood. That's when I said to myself hey, did somebody shoot this

man? | didn't see any signs of a gunshot on his shirt or clothes.

- Exhibit $1, Deposition of Dale by Congressmen Burton, Mica and

Rohrabacher, July 28, 1994: A. You see a somebody laying there dead,

you go what happened here, did somebody shoot him? No signs of it.

Was he in a fight? Was he hit in the head? *** Q. What did you think

happened? What did it look like? A. Well, when I started looking to see

if he had anything in his hands, he had been hit in the head, what does

that tell you?

Discovery of Body

Mr. [Stough] that he had seen a body at Fort Marcy Park and

that it looked like this man had been shot and that he looked

dead.

According to the FBI's Report of its March 30, 1994

interview with him, Stough had reported that he was "confident he

would recognize"'"* Dale. But the FBI waited for three more

months, until June 21, nine days before the Fiske Report was issued,

to ask Stough to identify Dale. After viewing him for about 10

seconds, Stough told the FBI it "possibly could be him" but could

not "state positively."""® The other park maintenance worker,

Francis Swann, reportedly told the FBI that he “probably could

identify" the driver of the van if he saw him again, but no such

request was forthcoming.

The record demonstrates that Dale and the two park workers

also disagree on almost everything else that occurred during their

short visit.

Dale had told Liddy he saw the two park workers “leaning

against the tailgate"""’ of a truck. Stough reportedly told the FBI he

was "walking" across the parking lot when he encountered the driver

= Exhibit 60, Report of FBI interview of Charles Stough, March 30, 1994.

Exhibit 6], Handwritten notes of FBI Interview with Charles Stough, March 30,

1994: “crossing parking lot - white van - ‘you need to call Park Police’ - he saw a

body at Ft. Marcy - ‘looks like he is shot,’ called USPP and informed that person

was shot.”

oT Exhibit 60, Report of FBI interview of Charles Stough, March 30, 1994.

was Exhibit 6], FBI handwritten notes of interview of Charles Stough, June

21, 1994. Exhibit 68, Handwritten notes of FBI Interview with Charles Stough,

June 21, 1994

= Exhibit 56, Interview of Dale by G. Gordon Liddy, March 22, 1994:

“There he saw two males dressed in what appeared to him to be park service

uniforms. They were leaning against the tailgate of a truck.”

Discovery of Body

of the van.''® Swann had reportedly told the FBI that both he and

Stough had been "sitting"'’? when Dale entered the lot.

Stough said there were no other individuals in the parking

area the evening of July 20, 1993, according to the FBI's Report of

its interview with him.'”” The FBI's report of its interview with

Swann, on the other hand, relates that "a few park rangers" were at

Turkey Run, and that neither he nor Stough told the rangers about

the dead body.'?" Stough "thought he [Dale] stepped out of the

van,"!” and estimated he was 5'7" to 5'8" tall. Swann said Dale's

height was hard to estimate because "he never got out of the van."'”

The caller to the Park Police, reportedly Swann, estimated the man

was 5'11".'"4

- Exhibit 60, Report of FBI interview of Charles Stough, March 30, 1994:

"[A] white van entered the parking area and the occupant of the van engaged him

in conversation while he, [Stough] was walking from [Swann's] vehicle to his own

vehicle." Exhibit 61, Handwritten notes of FBI Report of interview of Charles

Stough, March 30, 1994: "[Stough was] crossing the parking lot."

vas Exhibit 62, Report of FBI interview of Francis Swann, March 30, 1994:

"[A] white Chevy van pulled into the maintenance yard off of the GW parkway.

He estimated the time to be approximately 5:45 p.m. The van pulled up to where

he and [Stough] were sitting.”

” Exhibit 60, Report of FBI interview of Charles Stough, March 30, 1994:

"He stated there were no other individuals in the parking area the evening of July

20, 1993 who would be in a position to provide a further description of this van or

the occupant.”

- Exhibit 62, Report of FBI interview of Francis Swann, March 30, 1994.

” Exhibit 61, Handwritten notes of FBI interview of Charles Stough March

30, 1994: “Thought he [Dale] stepped out of van."

™ Exhibit 62, Report of FBI interview of Francis Swann, March 30, 1994:

"Approximately 5'9"-5'10" (difficult to estimate because the driver [Dale] never

got out of the van)."

” Exhibit 63, Transcript of call to Park Police, July 20, 1993 at 6:03 p.m.:

"Sergeant Myers: White male, how tall? Park Service Employee: Uh, he was

sitting in the van (unintelligible). Sergeant Myers: Oh, he was sitting in the van.

Park Service Employee: Five eleven, five something like that.”

Discovery of body

Dale, the witness who officially found Mr. Foster's body, testified

that he drove into this parking lot to find a telephone. He claimed

not to have seen them because "the phones sat back behind the

trees."

Discovery of Body

After arriving at the Turkey Run maintenance facility parking

lot, Dale said he looked both ways and did not see any phones in the

small parking lot.'** He explained he had missed them because "the

phones sat back behind the trees." However, the telephones are

not obscured by any trees and anyone entering the small Turkey Run

maintenance facility parking lot would have been hard-pressed to

have missed seeing them. Dale testified that he repeatedly asked

Stough where was a telephone, and that each time,

Stough replied, "Why?"!?’

Stough, however, reportedly told the FBI that he did not "ask

any questions of the occupant of the white van."'"8 There is no

record of either Swann or Stough having related that Dale had asked

any questions other than whether the Park Service employed them.'??

sc Exhibit 51, Deposition of Dale by Congressmen Burton, Mica and

Rohrabacher, July 28, 1994: "I was looking at them, drove by, still didn't see any

phones, looked both ways and never saw them, backed up turned around, started

back out and was going to ask them to use the phone..."

es Exhibit $1, Deposition of Dale by Congressmen Burton, Mica and

Rohrabacher, July 28, 1994: "There is two phones there. | never saw them

because I saw the guys there. | was looking at them, the phones sat back behind

the trees over here on the right side."

” Exhibit 51, Deposition of Dale by Congressmen Burton, Mica and

Rohrabacher, July 28, 1994: "I asked him for a phone. He stated that, you know,

‘Why?’ And I says, we, it's an emergency, | need to use the phone. Can you get

me to a phone? ‘Yes, but why?’ And he says - I think he said it the third time."

” Exhibit 60, Report of FBI interview of Charles Stough, March 30, 1994:

"[Stough] advised that he did not ask any questions of the occupant of the white

van which immediately departed the parking lot after furnishing this notification to

himself and Mr. [Swann].”

” Exhibit 62, Report of FBI interview of Francis Swann, March, 30, 1994:

[Swann] stated they both had 3 beers and were getting ready to leave the

yard when a white male in a white van pulled into the maintenance yard

off of the GW Parkway. He estimated the time to be approximately 5:45

p.m. The van pulled up to where he and [Stough] were sitting. At the

time, both he and [Stough] were still in their park service uniforms.

[Swann] advised that the van driver asked if they worked for the park

Discovery of Body

Swann reportedly told the Park Police that Dale told him

about the dead body.'™ Both Swann and Stough reportedly told the

FBI that Dale had informed them both of the dead body;'*" yet Dale

told the FBI he had spoken only to the white park worker, Stough,

and stated that the "black male [Swann] remained by the pickup

truck."

service and they responded in the affirmative. The van driver then stated

words to the effect that "there is a body down at Fort Marcy..."

Exhibit 60, Report of FBI interview of Charles Stough, March 30, 1994:

[Stough] further advised that since there was unusually heavy traffic on

this particular evening, [Swann] parked his vehicle directly opposite a

public telephone and both proceeded to consume two or three beers

apiece. According to [Stough] sometime between 5:30 and 6:00 p.m., a

white van entered the parking area and the occupant of the van engaged

him in conversation while he, [Stough] was walking from [Swann's]

vehicle to his own vehicle. [Stough] stated that the driver of this white

van specifically asked him if he would call the Park Police, further

informing Mr. [Stough] that he had seen a body at Fort Marcy Park.

wis Exhibit 64, Park Police Report of interview of Francis Swann, by Park

Police Detective James Morrissette, August 2; 1993: "This operator advised Mr.

Swann that there was a body in the area of the cannon in Ft. Marcy Park."

™ Exhibit 60, Report of FBI interview of Charles Stough, March 30, 1994:

"After receiving this information from the occupant of the white van, [Stough]

called [Swann] over and believes that the occupant of the white van repeated the

same information to [Swann].”

Exhibit 62, Report of FBI interview Francis Swann, March 30, 1994: The

van pulled up to where he and [Stough] were sitting. At the time both he

and [Stough] were still in their park service uniforms. [Swann] advised

that the van driver asked if they worked for the park service and they

responded in the affirmative. The van driver then stated words to the

effect that "there is a body down at Fort Marcy up by the cannon and

could they call the police.

- Exhibit 55, Report of FBI interview with Dale, April 14, 1994: "[T]he

white male came over... the black male remained by the pickup truck... the white

male responded to the effect that he would call authorities... [T]he black male did

not come over to his van nor was he a part of any conversation.”

Discovery of Body

When Mr. Swann called the Park Police, he had two things to

report, a car accident and a dead body. Swann reported the car

accident first. Swann first called 9-1-1, then the Park Police. He,

like Dale, refused to identify himself. There is no record of Swann's

ever having been asked why he refused to give his name.

A car accident occurred just before 6:00 p.m. on the George

Washington Memorial Parkway, just below its intersection with

Route 123. Because its location was between Fort Marcy Park and :

the workers' reported location, Swann could only have known about

it if he had driven by it or been told of it. They could not have

driven by the accident if, as reported, they had been at Turkey Run

for some time. Neither Dale nor the park workers related that

Dale told them about ae but Swann reported it to the police when

he called to report the body.

‘a 3

bis

The official version is that Swann and Stough had been

drinking beer in their uniforms at Turkey Run maintenance

facility, which would have been in view of co-workers, Park

Rangers, and supervisors.

The New York Daily News article cited the Park Police

Report as its source that Swann and Stough had been drinking; yet

that information is not in the Police Report. The first record that the

park employees had been drinking appeared in the Reports of their

FBI interviews, conducted March 30, 1994, sixteen days after the ¢

New York Daily News reported it.

There is nothing in any records, including the Park Police

Report,'™* that the park workers ever changed their stories and

admitted they were at Fort Marcy Park.

” See Exhibit 62, Report of FBI interview of Francis Swann, March 30,

1994. And se Exhibit 60, Report of FBI interview of Charles Stough, March 30,

1994.

we Exhibit 64, Park Police Report of interview with Francis Swann by Park

Police Detective James Morrissette: During the interview with Mr.

Swann he stated that "Chuck" [Stough] (tree crew) and himself were

Authorities arrive at the scene

The Park Police did not contact Swann until August 2, 1993,

thirteen days after Mr. Foster's death and three days before the

conclusion of the first death investigation.'* Only Swann was

interviewed. Stough told the FBI "he was never interviewed by the

Park Police regarding this particular incident."!*

The FBI's Report of its interview with Swann is four pages

long. The entire last page, a fourth of it, is redacted. The FBI's

handwritten notes of its interview with Swann have not been

released. The first of Dale's FBI interview Report is eight pages

long. Almost two pages are entirely redacted.

1]. | AUTHORITIES ARRIVE AT THE SCENE

County and federal authorities responded to the scene. The

Park Police are federal employees of the US Department of the

Interior. The Firefighters and the medical examiner, Dr. Haut, are all

employed by Fairfax County, Virginia. Almost all the Firefighters

are Emergency Medical Technicians, or EMTs, and have medical a

sitting outside the Turkey Run Headquarters at approximately 1750 hrs.

At this time a large white van, thought to possibly be a General Motors

make, drove into the parking area. The van was best described as follows:

1987-1990, Chevy white in color construction writing on the side, Va.

Tags unknown, no windows, described as “well used." The operator of

the van was described as follows: WM, 47-50 yrs, chunky/heavyset, 220-

225 Ibs, mostly graying hair, light sun tan, clean shaven with whiskers,

possibly gay. This operator advised Mr. Swann that there was a body in

the area of the cannon in Ft. Marcy Park. Based on this notification Mr.

Swann called the Fairfax County Police and reported the incident.

Subsequent to this call he called the U.S. Park Police and made the same

report. Mr. Swann stated that there was no other conversation with

regards to the body.

135

Exhibit 65, Deposition of FBI Agent Scott Salter, June 30, 1995. "We

[FBI] were there to assist them in conducting the investigation which meant

interviewing co-workers... [and] then proceed as the investigation, you know,

called for.”

136

Exhibit 60, Report of FBI interview of Charles Stough, March 30, 1994.

Authorities arrive at the scene

training. The two Firefighters with the most medical training are

referred to as paramedics.

Also in the park when authorities arrived were two civilians,

a man and a woman. Although their identities do appear in the

public record, they are referred to as Male Civilian and Female

Civilian out of deference to their privacy.

The following is a list of those people who are known to have

been present in Fort Marcy Park on July 20, after the official

discovery of the body.

Park Police Fairfax County

Officer Kevin Fornshill Firefighter Todd Hall

Inv. Christine Hodakievic Firefighter Ralph Pisani

Officer Franz Ferstl Paramedic George Gonzalez

Sergeant Robert Edwards Firefighter Lt. James lacone

Lieutenant Patrick Gavin Paramedic Richard Arthur

Investigator John Rolla Firefighter Jennifer Wacha

Investigator Cheryl Braun Dr. Donald Haut

Investigator Renee Abt Firefighter Corey Ashford

Officer William Watson Firefighter Roger Harrison

Intern with Officer Watson Firefighter Lt. Wm. Bianchi

Evidence Technician Peter Firefighter Andrew Makuch

Simonello Firefighter Victoria Jacobs

Officer Julie Spetz

Lieutenant Ronald Schmidt

Civilians

Dale

Male Civilian

Female Civilian

Tow Truck driver (to tow a Mercedes)

Dr. Haut's female driver

Tow Truck driver (to tow the Arkansas Honda)

Authorities arrive at the scene

Twenty-one people, 20 officials plus Dale, viewed the body.

(The OIC claims that 19 witnesses saw the body'”’ -- omitting

Officer William Watson and the unidentified intern who

accompanied Watson.)

The time that the first Police Officer officially arrived,

simultaneously with Firefighters, is 6:09:58.

But there is evidence that Officer Kevin Fornshill, in an

unmarked car or scooter, and Investigator Christine Hodakievic,

were already in the park when Firefighters

arrived.'** Investigator John Rolla testified that police arrived before

6:00 p.m.’ Fornshill appears to have met the Fire and Rescue

workers in the park proper, not in the parking lot, as reported.'”°

= OIC, p. 20: Thirty-one witnesses, 19 of whom observed Mr. Foster's

body, have provided relevant testimony about their activities and observations in

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.