Alexander v. Federal Bureau Of Investigation

186 F.R.D. 148 (D.D.C. 1999)

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Nature of the Case

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Facts

Ps allege that their privacy interests were violated when the FBI improperly handed over to the White House hundreds of FBI files of former political appointees and government employees under the Reagan and Bush Administrations. Ps sought to depose a witness from the Executive Office of the President (EOP) who was familiar with White House surveillance equipment. Pursuant to Fed. R. Civ. P. 30(b)(6), EOP designated a witness who testified at a deposition. John Dankowski, Director of White House Operations, was designated by EOP to testify. Deposition request 3 seeks to have a deponent testify regarding 'the system of recording devices, whether audio or video, used to record sounds or pictures in any of the office, common, residential, and/or other areas of the White House and the entirety of the [EOP], including the Office of White House Counsel and the Office of the First Lady.' Deposition request 8 seeks to have a deponent testify regarding 'any recording, transcription, communication, printing, filing, and any and all recordation devices used by Hillary Rodham Clinton and others in the White House in their governmental, official, and/or allegedly private capacities.' Dankowski had 12-years of experience and oversaw all purchasing. After his deposition, Ps moved to compel EOP to come up with another witness and pay attorney fees and costs in that Dankowski was not qualified to testify about the matters, failed to prepare for the deposition, had not aware of a secret surveillance operation and could not answer questions about a White House voicemail system from 1992-1994.