Independent Counsel
Press Release Independent Counsel Robert W. Ray today issued the following statement:
The Office of the Independent Counsel ("OIC") has concluded its investigation in two matters. First, the OIC concluded its investigation of a matter commonly known as the "FBI Files" matter. Second, the OIC concluded its investigation into whether former White House Counsel Bernard Nussbaum testified falsely on June 26, 1996 before the House Committee on Government Reform and Oversight. The Independent Counsel decided in both cases that no prosecutions were warranted.
In the FBI Files matter, the Independent Counsel determined that there was no substantial and credible evidence that any senior White House official, or First Lady Hillary Rodham Clinton, was involved in seeking confidential Federal Bureau of Investigation ("FBI") background reports of former White House staff from the prior administrations of President Bush and President Reagan.
The Office did not investigate alleged violations of the Privacy Act of 1974 because such offenses are excluded from the jurisdiction of an independent counsel. Accordingly, this Office declined prosecution under the referral from the Special Division of the United States Court of Appeals for the District of Columbia Circuit and the Department of Justice, and the matter is now closed.
In the matter relating to Mr. Nussbaum, the Independent Counsel found no substantial and credible evidence that Mr. Nussbaum lied to the House Committee on Government Reform and Oversight about his discussions with Mrs. Clinton regarding the hiring of former Office of Personnel Security Director Craig Livingstone or about his knowledge regarding the circumstances of Mr. Livingstone's appointment. There was no substantial or credible evidence that Mrs. Clinton was involved in the hiring of Mr. Livingstone. Accordingly, this Office declined prosecution and has closed the Nussbaum matter as well.
This Office reached its conclusions after completing extensive investigative work with the assistance of experienced criminal investigators from both the Federal Bureau of Investigation and, in instances where a conflict of interest might be perceived, the Internal Revenue Service. This Office also reviewed the voluminous record created by two congressional inquiries and an FBI investigation of the FBI files matter. These matters are the culmination of the investigative work of these agents and more than ten attorneys, Assistant United States Attorneys on detail to this Office, including several other career prosecutors, and senior OIC staff. With respect to these two investigations, the White House provided substantial cooperation and assistance, as did the FBI and the United States Secret Service. The President did not assert any privileges and the White House, principally through the White House Counsel's Office, allowed OIC personnel substantial access to facilities, documents, and witnesses in order to obtain all relevant evidence relating to these two investigations. Under the Independent Counsel statute, a report filed with the Special Division remains under seal until such time, if at all, the Special Division authorizes its public release. Historically, public release occurs only after those persons named in a report are notified, pursuant to the statute, and have a full opportunity to read the relevant portions of the report that pertain to them and to prepare and file comments. This process typically takes several months after a report is filed.
Thursday, March 16, 2000