# Appendix — In re Knowlton > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386014_1284%3A3 ## Record - **Collection:** Supreme Court brief - **Document type:** Appendix - **Published:** January 1, 2001 - **Citation:** 531 U.S. 1068 ## Text REDACTED @ "=" 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 ii ..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 iv | 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 2 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.... “aoe o hoe & he Coe. — eb. Gare & dtl 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. 15 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 16 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 17 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 18 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. 19 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 20 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- 21 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 22 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 23 Re 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. 25 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.” _ 26 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 I. l. 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 27 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 28 VIL. — 5. 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 30 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 31 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. 32 | | 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." 35 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, 36 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) 37 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 38 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. 24 Exhibit 16, Report of FBI interview with Mrs. Lisa Foster, May 9, 1994. 39 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 40 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 4] 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, 42 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] 43 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. 44 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. ao Exhibit 38, Report of FBI interview of Executive Assistant 45 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 54 Exhibit 16, Report of FBI interview of Mrs. Lisa Foster, May 9, 1994. 47 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, 48 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 49 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. 50 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." 51 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. $2 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 — 75 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." 7 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 54 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, 55 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. $7 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, 59 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. 60 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. 61 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 62 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 96 Compare Exhibit 12, Fiske Report, June 30, 1994: "Saudi residence is the closest building to the park.” 97 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. 63 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." 99 Exhibit 53, Report of FBI interview of Leslie Rutherford, May 17, 1994. 64 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, 65 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, 67 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.” 68 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 [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386014_1284%3A3. Public record. Not legal advice.