[House Document 105-310]
[From the U.S. Government Publishing Office]



105th Congress, 2d Session - - - - - - - - - - - House Document 105-310


 
REFERRAL FROM INDEPENDENT COUNSEL KENNETH W. STARR IN CONFORMITY WITH 
   THE REQUIREMENTS OF TITLE 28, UNITED STATES CODE, SECTION 595(c)

                               ----------                              

                             COMMUNICATION

                                  from

                           KENNETH W. STARR,
                          INDEPENDENT COUNSEL

                              transmitting

   A REFERRAL TO THE UNITED STATES HOUSE OF REPRESENTATIVES FILED IN 
   CONFORMITY WITH THE REQUIREMENTS OF TITLE 28, UNITED STATES CODE, 
                             SECTION 595(c)





    September 11, 1998.--Referred to the Committee on the Judiciary 
           pursuant to H. Res. 525 and ordered to be printed



 REFERRAL FROM INDEPENDENT COUNSEL KENNETH W. STARR IN CONFORMITY WITH 
    THE REQUIREMENTS OF TITLE 28, UNITED STATES CODE, SECTION 595(c)
                                     



105th Congress, 2d Session - - - - - - - - - - - House Document 105-310


REFERRAL FROM INDEPENDENT COUNSEL KENNETH W. STARR IN CONFORMITY WITH 
   THE REQUIREMENTS OF TITLE 28, UNITED STATES CODE, SECTION 595(c)

                               __________

                             COMMUNICATION

                                  from

                           KENNETH W. STARR,

                          INDEPENDENT COUNSEL

                              transmitting

   A REFERRAL TO THE UNITED STATES HOUSE OF REPRESENTATIVES FILED IN 
   CONFORMITY WITH THE REQUIREMENTS OF TITLE 28, UNITED STATES CODE, 
                             SECTION 595(c)





    September 11, 1998.--Referred to the Committee on the Judiciary 
           pursuant to H. Res. 525 and ordered to be printed



                            C O N T E N T S

                              ----------                              

                           Volume I: Referral

Key Dates........................................................     V
Table of Names...................................................    VI
Introduction.....................................................     1
Narrative........................................................    11
  I. Nature of President Clinton's Relationship with Monica Lewinsky.11
 II. 1995: Initial Sexual Encounters.................................27
III. January-March 1996: Continued Sexual Encounters.................34
 IV. April 1996: Ms. Lewinsky's Transfer to the Pentagon.............41
  V. April-December 1996: No Private Meetings........................49
 VI. Early 1997: Resumption of Sexual Encounters.....................53
VII. May 1997: Termination of Sexual Relationship....................62
VIII.June-October 1997: Continuing Meetings and Calls................63

 IX. October-November 1997: United Nations Job Offer.................76
  X. November 1997: Growing Frustration..............................83
 XI. December 5-18, 1997: The Witness List and Job Search............88
XII. December 19, 1997--January 4, 1998: The Subpoena................96
XIII.January 5-16, 1998: The Affidavit..............................106

XIV. January 17, 1998--Present: The Deposition and Afterward........116
Acts That May Constitute Grounds for an Impeachment..............   129
  I. There is substantial and credible information that President 
     Clinton lied under oath as a defendant in Jones v. Clinton 
     regarding his sexual relationship with Monica Lewinsky.........131
 II. There is substantial and credible information that President 
     Clinton lied under oath to the grand jury about his sexual 
     relationship with Monica Lewinsky..............................145
III. There is substantial and credible information that President 
     Clinton lied under oath during his civil deposition when he stated 
     that he could not recall being alone with Monica Lewinsky and when 
     he minimized the number of gifts they had exchanged............151
 IV. There is substantial and credible information that the President 
     lied under oath during his civil deposition concerning 
     conversations he had with Monica Lewinsky about her involvement in 
     the Jones case.................................................160
  V. There is substantial and credible information that President 
     Clinton endeavored to obstruct justice by engaging in a pattern of 
     activity to conceal evidence regarding his relationship with 
     Monica Lewinsky from the judicial process in the Jones case....165
 VI. There is substantial and credible information that (i) President 
     Clinton and Ms. Lewinsky had an understanding that they would lie 
     under oath in the Jones case about their relationship; and (ii) 
     President Clinton endeavored to obstruct justice by suggesting 
     that Ms. Lewinsky file an affidavit so that she would not be 
     deposed, she would not contradict his testimony, and he could 
     attempt to avoid questions about Ms. Lewinsky at the deposition173
VII. There is substantial and credible information that President 
     Clinton endeavored to obstruct justice by helping Ms. Lewinsky 
     obtain a job in New York at a time when she would have been an 
     adverse witness against him were she to tell the truth during the 
     Jones case.....................................................181
VIII.There is substantial and credible information that the President 
     lied under oath in describing his conversations with Vernon Jordan 
     about Ms. Lewinsky.............................................186
 IX. There is substantial and credible information that President 
     Clinton endeavored to obstruct justice by attempting to influence 
     the testimony of Betty Currie..................................190
  X. There is substantial and credible information that President 
     Clinton endeavored to obstruct justice during the federal grand 
     jury investigation. While refusing to testify for seven months, he 
     simultaneously lied to potential grand jury witnesses knowing that 
     they would relay the falsehoods to the grand jury..............197
 XI. There is substantial and credible information that President 
     Clinton's actions since January 17, 1998, regarding his 
     relationship with Monica Lewinsky have been inconsistent with the 
     President's constitutional duty to faithfully execute the laws.204
Conclusion.......................................................   211

                          Volume II: Appendix

Statement of the OIC's Jurisdiction..............................
  Tab A..........................................................
Order Permitting Disclosure of Grand Jury Material...............
  Tab B..........................................................
Procedural Background and History of Jones v. Clinton............
  Tab C..........................................................
Map of White House, West Wing....................................
  Tab D..........................................................
Table of Monica Lewinsky White House Visits......................
  Tab E..........................................................
Table of Contacts between Monica Lewinsky and the President......
  Tab F..........................................................
Tables of Phone Conversations....................................
  Tab G..........................................................
Litigation History...............................................
  Tab H..........................................................
Evidence Reference...............................................
  Tab I..........................................................
Legal Reference..................................................
  Tab J..........................................................
Monica Lewinsky Immunity Agreement...............................
  Tab K..........................................................

                Volume III: Document Supplement, Part A

                     William J. Clinton Statements

                 Volume IV: Document Supplement, Part B

                     Monica S. Lewinsky Statements

                 Volume V: Document Supplement, Part C

                 Documents Cited in Referral: Tabs 1-46

                 Volume VI: Document Supplement, Part D

     Documents Cited in Referral: Tabs 47-83, Bates Numbers 812-968

                Volume VII: Document Supplement, Part E

          Documents Cited in Referral: Bates Numbers 1000-V006
                               Key Dates

                              ----------                              



November 1992..........................  William Jefferson Clinton      
                                          elected President of the      
                                          United States.                
May 1994...............................  Paula Jones files lawsuit      
                                          against President Clinton.    
July 1995..............................  Monica S. Lewinsky begins White
                                          House internship.             
November 15, 1995......................  President begins sexual        
                                          relationship with Lewinsky.   
April 5, 1996..........................  Lewinsky transferred from White
                                          House to Pentagon.            
November 1996..........................  President Clinton reelected.   
March 29, 1997.........................  Last intimate contact between  
                                          President and Monica Lewinsky.
December 5, 1997.......................  Lewinsky appears on Jones      
                                          Witness List.                 
December 19, 1997......................  Lewinsky served with subpoena  
                                          to appear at deposition and   
                                          produce gifts from President  
                                          Clinton.                      
December 24, 1998......................  Lewinsky's last day of work at 
                                          the Pentagon.                 
December 28, 1997......................  Lewinsky meets with the        
                                          President and receives gifts; 
                                          later gives box of gifts from 
                                          the President to Betty Currie.
January 7, 1998........................  Lewinsky signs affidavit       
                                          intended for filing in Jones  
                                          case.                         
January 13, 1998.......................  Lewinsky accepts job offer at  
                                          Revlon in New York.           
January 16, 1998.......................  Special Division appoints      
                                          Independent Counsel Kenneth W.
                                          Starr to investigate Lewinsky 
                                          matter.                       
January 17, 1998.......................  President deposed in Jones     
                                          case.                         
January 18, 1998.......................  President meets with Betty     
                                          Currie to discuss President's 
                                          deposition.                   
January 21, 1998.......................  Lewinsky matter reported in    
                                          press; President denies       
                                          allegations of a sexual       
                                          relationship and of suborning 
                                          perjury.                      
April 1, 1998..........................  Judge Wright grants summary    
                                          judgment for President Clinton
                                          in the Jones litigation.      
July 17, 1998..........................  President served with grand    
                                          jury subpoena, later withdrawn
                                          in return for testimony.      
July 28, 1998..........................  Immunity/Cooperation Agreement 
                                          reached between Lewinsky and  
                                          OIC.                          
August 17, 1998........................  President testifies before the 
                                          grand jury; later he publicly 
                                          acknowledges improper         
                                          relationship.                 
September 9, 1998......................  OIC submits Referral to        
                                          Congress pursuant to 28 U.S.C.
                                          Sec.  595(c).                 
                                                                        

                             Table of Names

                              ----------                              



The Principals                                                          
William Jefferson Clinton.................  President of the United     
                                             States.                    
Paula Corbin Jones........................  Plaintiff in a civil suit   
                                             against President Clinton. 
Monica Lewinsky...........................  Former White House Intern   
                                             and Employee.              
Betty Currie..............................  Personal Secretary to the   
                                             President.                 
Vernon Jordan.............................  Friend of President Clinton,
                                             and Partner at Law Firm of 
                                             Akin, Gump, Strauss, Hauer 
                                             & Feld.                    
                                                                        
The First Family                                                        
Hillary Rodham Clinton....................  First Lady of the United    
                                             States.                    
Chelsea Clinton...........................  Daughter of the President   
                                             and First Lady.            
                                                                        
Presidential Aides/Advisors/Assistants                                  
Madeline Albright.........................  Secretary of State.         
Sidney Blumenthal.........................  Assistant to the President. 
Erskine Bowles............................  White House Chief of Staff. 
Lanny Bruer...............................  Special Counsel to the      
                                             President.                 
Stephen Goodin............................  Aide to President Clinton.  
Nancy Hernreich...........................  Deputy Assistant to the     
                                             President and Director of  
                                             Oval Office Operations.    
John Hilley...............................  Assistant to the President  
                                             and Director of Legislative
                                             Affairs; Monica Lewinsky's 
                                             Supervisor.                
Harold Ickes..............................  Former Deputy Chief of      
                                             Staff.                     
Janis Kearney.............................  Special Assistant to the    
                                             President and Records      
                                             Manager.                   
Timothy Keating...........................  Special Assistant to the    
                                             President and Staff        
                                             Director for Legislative   
                                             Affairs; Monica Lewinsky's 
                                             Immediate Supervisor.      
Ann Lewis.................................  Director, White House       
                                             Communications.            
Evelyn Lieberman..........................  Former Deputy Chief of      
                                             Staff.                     
Bruce Lindsey.............................  Deputy White House Counsel. 
Sylvia Mathews............................  Deputy White House Chief of 
                                             Staff.                     
Thomas ``Mack'' McLarty...................  Former White House Chief of 
                                             Staff.                     
Cheryl Mills..............................  Deputy White House Counsel. 
Dick Morris...............................  Former Advisor to President 
                                             Clinton.                   
Bob Nash..................................  Assistant to the President  
                                             and Director of            
                                             Presidential Personnel.    
Leon Panetta..............................  Former White House Chief of 
                                             Staff.                     
John Podesta..............................  Deputy White House Chief of 
                                             Staff.                     
Hon. Bill Richardson......................  U.S. Ambassador to the      
                                             United Nations.            
Charles Ruff..............................  White House Counsel.        
Marsha Scott..............................  Deputy Director of          
                                             Personnel.                 
George Stephanopoulous....................  Former Senior Advisor for   
                                             Policy and Strategy.       
Barry Toiv................................  Deputy White House Press    
                                             Secretary.                 
                                                                        
Other White House Personnel                                             
Karin Joyce Abramson......................  Former Director of the White
                                             House Intern Program.      
Caroline Badinelli........................  Former White House Intern.  
Douglas Band..............................  Former White House Intern.  
Tracy Anne Bobowick.......................  Former White House Employee,
                                             Correspondence Office.     
Laura Capps...............................  Former White House Intern.  
Jay Footlik...............................  Former Employee of the      
                                             Office of Presidential     
                                             Personnel.                 
Patrick Griffin...........................  Former Assistant to the     
                                             President and Director of  
                                             Legislative Affairs.       
George Hannie.............................  White House Butler.         
Jocelyn Jolley............................  Former Director of          
                                             Congressional              
                                             Correspondence in the White
                                             House.                     
Maureen Lewis.............................  Former White House Employee,
                                             Correspondence Office.     
Glen Maes.................................  White House Steward to      
                                             President Clinton.         
Bayani Nelvis.............................  White House Steward to      
                                             President Clinton.         
Charles O'Malley..........................  White House Operations      
                                             Deputy Chief.              
Jennifer Palmieri.........................  Former Special Assistant to 
                                             the Chief of Staff.        
Debra Schiff..............................  Receptionist, West Wing     
                                             Lobby.                     
Jamie Beth Schwartz.......................  Former Special Assistant to 
                                             the Social Secretary in the
                                             White House Social Office. 
Patsy Thomasson...........................  Director of the Office of   
                                             Administration, Executive  
                                             Office of the President.   
Kathleen Willey...........................  Former White House          
                                             Volunteer.                 
Michael Williams..........................  Former White House Intern.  
                                                                        
Department of Defense Employees                                         
Kenneth Bacon.............................  Assistant Secretary of      
                                             Defense for Public Affairs;
                                             Monica Lewinsky's Pentagon 
                                             Supervisor.                
Elizabeth Bailey..........................  Special Assistant to the    
                                             Secretary of Defense for   
                                             White House Liaison.       
Clifford Bernath..........................  Former Deputy to Assistant  
                                             Secretary of Defense for   
                                             Public Affairs.            
Donna Boltz...............................  Assistant in the Office of  
                                             the Assistant Secretary of 
                                             Defense for Public Affairs.
Jeremy ``Mike'' Boorda....................  Admiral, United States Navy 
                                             (deceased).                
Richard Bridges...........................  Colonel, Director for       
                                             Defense Information.       
Rebecca Cooper............................  Chief of Staff, United      
                                             States Mission to the      
                                             United Nations.            
Monica Ramirez Cranick....................  Sergeant, Broadcast         
                                             Engineer, Office of the    
                                             Secretary of Defense for   
                                             Public Affairs.            
Marsha Dimel..............................  Administrative Support      
                                             Specialist for Personnel   
                                             and Administration in the  
                                             National Security Council. 
Charles Duncan............................  Former Special Assistant to 
                                             the Secretary of Defense   
                                             for Public Affairs.        
Kate Friedrich............................  Special Assistant, National 
                                             Security Advisor.          
Jeff Gradick..............................  Commander, Military         
                                             Assistant to the Deputy    
                                             Assistant to the Assistant 
                                             Secretary of Defense for   
                                             Public Affairs.            
James Graybeal............................  Lt. Commander, Military     
                                             Assistant to the Deputy    
                                             Assistant to the Assistant 
                                             Secretary of Defense for   
                                             Public Affairs.            
Mark Huffman..............................  Office Manager, Office of   
                                             Public Affairs, United     
                                             States Department of       
                                             Defense.                   
Jodi Kessinger............................  Former Administrative       
                                             Assistant, Office of the   
                                             National Security Advisor, 
                                             National Security Council. 
Janet Reno................................  Attorney General of the     
                                             United States.             
Darby Ellen Stott.........................  Special Assistant, White    
                                             House Press Secretary.     
Mona Sutphen..............................  Special Assistant to the    
                                             United States Ambassador to
                                             the United Nations.        
Robert Tyrer..............................  Chief of Staff for the      
                                             Secretary of Defense.      
Isabelle Watkins..........................  Executive Assistant to Bill 
                                             Richardson.                
                                                                        
Monica Lewinsky's Friends/Family/Acquaintances                          
Andrew Bleiler............................  Former Boyfriend of Monica  
                                             Lewinsky.                  
Catherine Allday Davis....................  Friend of Monica Lewinsky.  
Kelly Lynn Davis..........................  Friend of Monica Lewinsky.  
Neysa Erbland.............................  Friend of Monica Lewinsky.  
Kathleen Estep............................  Counselor to Monica         
                                             Lewinsky.                  
Deborah Finerman..........................  Aunt of Monica Lewinsky.    
David Grobanie............................  Owner of Briarwood          
                                             Bookstore.                 
Dr. Irene Kassorla........................  Therapist to Monica         
                                             Lewinsky.                  
Walter Kaye...............................  Family friend of Monica     
                                             Lewinsky.                  
Marcia Lewis..............................  Mother of Monica Lewinsky.  
Ashley Raines.............................  Friend of Monica Lewinsky   
                                             and White House Director of
                                             Office and Policy          
                                             Development Operations and 
                                             Special Liaison.           
Peter Strauss.............................  Husband of Marcia Lewis.    
Linda Tripp...............................  Friend of Monica Lewinsky.  
Natalie Rose Ungvari......................  Friend of Monica Lewinsky.  
Dale Young................................  Family friend of Monica     
                                             Lewinsky.                  
                                                                        
Monica Lewinsky's New York Employment Contacts                          
Celia Berk................................  Managing Director of Human  
                                             Resources at Burson-       
                                             Marstellar.                
Ursula Fairbairn..........................  Executive Vice President,   
                                             Human Resources and Quality
                                             of American Express.       
Peter Georgescu...........................  Chairman and Chief Executive
                                             Officer at Young & Rubicam.
Richard Halerpin..........................  Executive Vice President and
                                             Special Counsel to the     
                                             President of Revlon.       
Barbara Naismith..........................  Secretary at American       
                                             Express.                   
Ronald Perelman...........................  Chairman of the Board of    
                                             McAndrews & Forbes Holding 
                                             Incorporated.              
Thomas Schick.............................  Executive Vice President,   
                                             Corporate Affairs and      
                                             Communications at American 
                                             Express.                   
Douglas S. Willey.........................  Vice President, Hecht-      
                                             Spencer.                   
                                                                        
Secret Service                                                          
William C. Bordley........................  Secret Service Uniformed    
                                             Officer.                   
Gary Byrne................................  Secret Service Uniformed    
                                             Officer.                   
Daniel Carbonetti.........................  Secret Service Uniformed    
                                             Officer.                   
Brent Chinery.............................  Secret Service Uniformed    
                                             Officer.                   
Larry Cockell.............................  Special Agent In Charge,    
                                             Secret Service Presidential
                                             Protective Division.       
Douglas Dragotta..........................  Secret Service Uniformed    
                                             Officer.                   
Robert C. Ferguson........................  Secret Service Uniformed    
                                             Officer.                   
Lewis Fox.................................  Retired Secret Service      
                                             Uniformed Officer.         
Mathew Fitsch.............................  Lt., Secret Service         
                                             Uniformed Division.        
Nelson Garabito...........................  Secret Service Uniformed    
                                             Officer.                   
Bryan Hall................................  Secret Service Uniformed    
                                             Officer.                   
Brian Henderson...........................  Secret Service Uniformed    
                                             Officer.                   
Reginald Hightower........................  Secret Service Uniformed    
                                             Officer.                   
Oliver Janney.............................  Secret Service Uniformed    
                                             Officer.                   
Greg LaDow................................  Secret Service Uniformed    
                                             Officer.                   
William Ludtke III........................  Secret Service Uniformed    
                                             Officer.                   
Tim Lynn..................................  Secret Service Uniformed    
                                             Officer.                   
Lewis Merletti............................  Director, Secret Service.   
John Muskett..............................  Secret Service Uniformed    
                                             Officer.                   
Fremon Myles, Jr..........................  Secret Service Uniformed    
                                             Officer.                   
Robert Myrick.............................  Secret Service Uniformed    
                                             Officer.                   
Gary Niedzwieki...........................  Secret Service Uniformed    
                                             Officer.                   
Joe Overstreet............................  Secret Service Uniformed    
                                             Officer.                   
Steven Pape...............................  Secret Service Uniformed    
                                             Officer.                   
Stacy Porter..............................  Secret Service Uniformed    
                                             Officer.                   
Geoffrey Purdie...........................  Secret Service Uniformed    
                                             Officer.                   
William Clair Shegogue....................  Secret Service Uniformed    
                                             Officer.                   
Barry Smith...............................  Secret Service Uniformed    
                                             Officer.                   
William Tyler.............................  Secret Service Uniformed    
                                             Officer.                   
Sandra Verna..............................  Secret Service Uniformed    
                                             Officer.                   
Keith Williams............................  Secret Service Uniformed    
                                             Officer, Sergeant.         
Michael Wilson............................  Secret Service Uniformed    
                                             Officer.                   
Bryant Withrow............................  Lt., Secret Service         
                                             Uniformed Office Division. 
                                                                        
Lawyers and Judges                                                      
Kirbe Behre...............................  Linda Tripp's former        
                                             attorney.                  
Robert Bennett............................  Attorney for President      
                                             Clinton.                   
Robert Bittman............................  Deputy Independent Counsel. 
Plato Cacheris............................  Attorney for Monica         
                                             Lewinsky.                  
Frank Carter..............................  Monica Lewinsky's former    
                                             attorney.                  
Lloyd Cutler..............................  Former White House Counsel. 
Mitchell Ettinger.........................  Attorney for President      
                                             Clinton.                   
Vince Foster..............................  Former Deputy White House   
                                             Counsel.                   
Hon. Norma Holloway Johnson...............  Chief Judge, U.S. District  
                                             Court for the District of  
                                             Columbia.                  
David Kendall.............................  Attorney for President      
                                             Clinton.                   
Karl Metzner..............................  Attorney for Betty Currie.  
Kathy Sexton..............................  Attorney for President      
                                             Clinton.                   
Hon. Susan Webber Wright..................  U.S. District Judge         
                                             presiding over Jones v.    
                                             Clinton civil suit.        
Hon. David Tatel..........................  Judge, U.S. Court of Appeals
                                             for the D.C. Circuit.      
                                                                        
Media                                                                   
Matt Drudge...............................  Drudge Report.              
Kristen Ganong............................  Manager of Publications, The
                                             Heritage Foundation.       
Lucianne Goldberg.........................  Literary Agent.             
Michael Isikoff...........................  Reporter, Newsweek Magazine.
Jim Lehrer................................  Television Journalist.      
Eleanor Mondale...........................  Reporter, CBS News.         
Susan Schmidt.............................  Correspondent, Washington   
                                             Post.                      
                                                                        
Foreign Dignitaries                                                     
Yitzak Rabin..............................  Former Prime Minister of    
                                             Israel.                    
Ernesto Zedillo...........................  President of Mexico.        
                                                                        
Other                                                                   
Ron Brown.................................  Former Commerce Secretary.  
Patrick Fallon............................  Special Agent, Federal      
                                             Bureau of Investigation.   
Webster L. Hubbell........................  Former Associate Attorney   
                                             General, Friend of the     
                                             Clinton Family.            
                                                                        

                              Introduction

    As required by Section 595(c) of Title 28 of the United 
States Code, the Office of the Independent Counsel (``OIC'' or 
``Office'') hereby submits substantial and credible information 
that President William Jefferson Clinton committed acts that 
may constitute grounds for an impeachment.1
---------------------------------------------------------------------------
    \1\ Section 595(c) of Title 28 of the United States Code is part of 
the Ethics in Government Act. The section provides: (c) Information 
relating to impeachment.--An independent counsel shall advise the House 
of Representatives of any substantial and credible information which 
such independent counsel receives, in carrying out the independent 
counsel's responsibilities under this chapter, that may constitute 
grounds for an impeachment. Nothing in this chapter or section 49 of 
this title [concerning the assignment of judges to the Special Division 
that appoints an independent counsel] shall prevent the Congress or 
either House thereof from obtaining information in the course of an 
impeachment proceeding.
---------------------------------------------------------------------------
    The information reveals that President Clinton:
     lied under oath at a civil deposition while he was 
a defendant in a sexual harassment lawsuit;
     lied under oath to a grand jury;
     attempted to influence the testimony of a 
potential witness who had direct knowledge of facts that would 
reveal the falsity of his deposition testimony;
     attempted to obstruct justice by facilitating a 
witness's plan to refuse to comply with a subpoena;
     attempted to obstruct justice by encouraging a 
witness to file an affidavit that the President knew would be 
false, and then by making use of that false affidavit at his 
own deposition;
     lied to potential grand jury witnesses, knowing 
that they would repeat those lies before the grand jury; and
     engaged in a pattern of conduct that was 
inconsistent with his constitutional duty to faithfully execute 
the laws.
The evidence shows that these acts, and others, were part of a 
pattern that began as an effort to prevent the disclosure of 
information about the President's relationship with a former 
White House intern and employee, Monica S. Lewinsky, and 
continued as an effort to prevent the information from being 
disclosed in an ongoing criminal investigation.

                           Factual Background

    In May 1994, Paula Corbin Jones filed a lawsuit against 
William Jefferson Clinton in the United States District Court 
for the Eastern District of Arkansas.2 Ms. Jones 
alleged that while he was the Governor of Arkansas, President 
Clinton sexually harassed her during an incident in a Little 
Rock hotel room.3 President Clinton denied the 
allegations. He also challenged the ability of a private 
litigant to pursue a lawsuit against a sitting President. In 
May 1997, the Supreme Court unanimously rejected the 
President's legal argument. The Court concluded that Ms. Jones, 
``[l]ike every other citizen who properly invokes [the District 
Court's] jurisdiction * * * has a right to an orderly 
disposition of her claims,'' and that therefore Ms. Jones was 
entitled to pursue her claims while the President was in 
office.4 A few months later, the pretrial discovery 
process began.5
---------------------------------------------------------------------------
    \2\ Ms. Jones also named Arkansas State Trooper Danny Ferguson as a 
defendant. For a detailed background of the Jones v. Clinton lawsuit, 
see the accompanying Appendix, Tab C.
    \3\ In 1991, Ms. Jones was an employee of the Arkansas Industrial 
Development Corporation. Ms. Jones alleged that while at work at a 
meeting at the Excelsior Hotel that day, she was invited into a hotel 
room with Governor Clinton, and that once she was there, the Governor 
exposed his genitals and asked her to perform oral sex on him. Ms. 
Jones alleged that she suffered various job detriments after refusing 
Governor Clinton's advances. This Referral expresses no view on the 
factual or legal merit, or lack thereof, of Ms. Jones's claims.
    \4\ Jones v. Clinton, 117 S. Ct. 1636, 1652 (1997).
    \5\ The purpose of discovery in a civil lawsuit is ``to allow a 
broad search for facts, the names of witnesses, or any other matters 
which may aid a party in the preparation or presentation of his case.'' 
Fed. R. Civ. P. 26 advisory committee notes (1946). The discovery 
process allows the parties to obtain from their respective opponents 
written answers to interrogatories, oral testimony in depositions under 
oath, documents, and other tangible items so long as the information 
sought ``appears reasonably calculated to lead to the discovery of 
admissible evidence.'' Fed. R. Civ. P. 26(b)(1).
---------------------------------------------------------------------------
    One sharply disputed issue in the Jones litigation was the 
extent to which the President would be required to disclose 
information about sexual relationships he may have had with 
``other women.'' Ms. Jones's attorneys sought disclosure of 
this information, arguing that it was relevant to proving that 
the President had propositioned Ms. Jones. The President 
resisted the discovery requests, arguing that evidence of 
relationships with other women (if any) was irrelevant.
    In late 1997, the issue was presented to United States 
District Judge Susan Webber Wright for resolution. Judge 
Wright's decision was unambiguous. For purposes of pretrial 
discovery, President Clinton was required to provide certain 
information about his alleged relationships with other women. 
In an order dated December 11, 1997, for example, Judge Wright 
said: ``The Court finds, therefore, that the plaintiff is 
entitled to information regarding any individuals with whom the 
President had sexual relations or proposed or sought to have 
sexual relations and who were during the relevant time frame 
state or federal employees.'' 6 Judge Wright left 
for another day the issue whether any information of this type 
would be admissible were the case to go to trial. But for 
purposes of answering the written questions served on the 
President, and for purposes of answering questions at a 
deposition, the District Court ruled that the President must 
respond.
---------------------------------------------------------------------------
    \6\ 921-DC-00000461 (Dec. 11, 1997 Order at 3). Similarly, in a 
December 18, 1997 Order, Judge Wright noted that ``the issue [was] one 
of discovery, not admissibility of evidence at trial. Discovery, as all 
counsel know, by its very nature takes unforeseen twists and turns and 
goes down numerous paths, and whether those paths lead to the discovery 
of admissible evidence often simply cannot be predetermined.'' 1414-DC-
00001012-13 (Dec. 18, 1997 Order at 7-8).
---------------------------------------------------------------------------
    In mid-December 1997, the President answered one of the 
written discovery questions posed by Ms. Jones on this issue. 
When asked to identify all women who were state or federal 
employees and with whom he had had ``sexual relations'' since 
1986, 7 the President answered under oath: ``None.'' 
8 For purposes of this interrogatory, the term 
``sexual relations'' was not defined.
---------------------------------------------------------------------------
    \7\ V002-DC-00000020 (President Clinton's Responses to Plaintiff's 
Second Set of Interrogatories at 5).
    \8\ V002-DC-00000053 (President Clinton's Supplemental Responses to 
Plaintiff's Second Set of Interrogatories at 2). During discovery in a 
civil lawsuit, the parties must answer written questions 
(``interrogatories'') that are served on them by their opponent. Fed. 
R. Civ. P. 33. The answering party must sign a statement under penalty 
of perjury attesting to the truthfulness of the answers. Id.
---------------------------------------------------------------------------
    On January 17, 1998, President Clinton was questioned under 
oath about his relationships with other women in the workplace, 
this time at a deposition. Judge Wright presided over the 
deposition. The President was asked numerous questions about 
his relationship with Monica Lewinsky, by then a 24-year-old 
former White House intern, White House employee, and Pentagon 
employee. Under oath and in the presence of Judge Wright, the 
President denied that he had engaged in a ``sexual affair,'' a 
``sexual relationship,'' or ``sexual relations'' with Ms. 
Lewinsky. The President also stated that he had no specific 
memory of having been alone with Ms. Lewinsky, that he 
remembered few details of any gifts they might have exchanged, 
and indicated that no one except his attorneys had kept him 
informed of Ms. Lewinsky's status as a potential witness in the 
Jones case.

                           The Investigation

    On January 12, 1998, this Office received information that 
Monica Lewinsky was attempting to influence the testimony of 
one of the witnesses in the Jones litigation, and that Ms. 
Lewinsky herself was prepared to provide false information 
under oath in that lawsuit. The OIC was also informed that Ms. 
Lewinsky had spoken to the President and the President's close 
friend Vernon Jordan about being subpoenaed to testify in the 
Jones suit, and that Vernon Jordan and others were helping her 
find a job. The allegations with respect to Mr. Jordan and the 
job search were similar to ones already under review in the 
ongoing Whitewater investigation.9
---------------------------------------------------------------------------
    \9\ For a brief discussion of the scope of the OIC's jurisdiction, 
see ``The Scope of the Referral,'' below.
---------------------------------------------------------------------------
    After gathering preliminary evidence to test the 
information's reliability, the OIC presented the evidence to 
Attorney General Janet Reno. Based on her review of the 
information, the Attorney General determined that a further 
investigation by the Independent Counsel was required.
    On the following day, Attorney General Reno petitioned the 
Special Division of the United States Court of Appeals for the 
District of Columbia Circuit, on an expedited basis, to expand 
the jurisdiction of Independent Counsel Kenneth W. Starr. On 
January 16, 1998, in response to the Attorney General's 
request, the Special Division issued an order that provides in 
pertinent part:

          The Independent Counsel shall have jurisdiction and 
        authority to investigate to the maximum extent 
        authorized by the Independent Counsel Reauthorization 
        Act of 1994 whether Monica Lewinsky or others suborned 
        perjury, obstructed justice, intimidated witnesses, or 
        otherwise violated federal law other than a Class B or 
        C misdemeanor or infraction in dealing with witnesses, 
        potential witnesses, attorneys, or others concerning 
        the civil case Jones v. Clinton.10
---------------------------------------------------------------------------
    \10\ The full text of the Special Division's Order is set forth in 
the Appendix, Tab A.

    On January 28, 1998, after the allegations about the 
President's relationship with Ms. Lewinsky became public, the 
OIC filed a Motion for Limited Intervention and a Stay of 
Discovery in Jones v. Clinton. The OIC argued that the civil 
discovery process should be halted because it was having a 
negative effect on the criminal investigation. The OIC 
represented to the Court that numerous individuals then under 
subpoena in Jones, including Monica Lewinsky, were integral to 
the OIC's investigation, and that courts routinely stayed 
discovery in such circumstances.11
---------------------------------------------------------------------------
    \11\ Jones v. Clinton, Motion of the United States for Limited 
Intervention and a Stay of Discovery, at 6. The overlap in the 
proceedings was significant. Witnesses called before the grand jury in 
the criminal investigation had been subpoenaed by both parties to the 
civil case; defendant's counsel had subpoenaed information from the 
OIC; and the plaintiff's attorneys had subpoenaed documents directly 
related to the criminal matter.
---------------------------------------------------------------------------
    The next day Judge Wright responded to the OIC's motion. 
The Court ruled that discovery would be permitted to continue, 
except to the extent that it sought information about Monica 
Lewinsky. The Court acknowledged that ``evidence concerning 
Monica Lewinsky might be relevant to the issues in [the Jones] 
case.'' 12 It concluded, however, that this evidence 
was not ``essential to the core issues in this case,'' and that 
some of that evidence ``might even be inadmissible.'' 
13 The Court found that the potential value of this 
evidence was outweighed by the potential delay to the Jones 
case in continuing to seek discovery about Ms. 
Lewinsky.14 The Court also was concerned that the 
OIC's investigation ``could be impaired and prejudiced were the 
Court to permit inquiry into the Lewinsky matter by the parties 
in this civil case.'' 15
---------------------------------------------------------------------------
    \12\ Jones v. Clinton, Order, Jan. 29, 1998, at 2.
    \13\ Id.
    \14\ Id. at 2-3.
    \15\ Id. at 3.
---------------------------------------------------------------------------
    On March 9, 1998, Judge Wright denied Ms. Jones's motion 
for reconsideration of the decision regarding Monica Lewinsky. 
The order states:

          The Court readily acknowledges that evidence of the 
        Lewinsky matter might have been relevant to plaintiff's 
        case and, as she argues, that such evidence might 
        possibly have helped her establish, among other things, 
        intent, absence of mistake, motive, and habit on the 
        part of the President.* * * Nevertheless, whatever 
        relevance such evidence may otherwise have * * * it 
        simply is not essential to the core issues in this case 
        * * *.16
---------------------------------------------------------------------------
    \16\ Jones v. Clinton, 993 F. Supp. 1217, 1222 (E.D. Ark. 1998) 
(footnote and emphasis omitted).

    On April 1, 1998, Judge Wright granted President Clinton's 
motion for summary judgment, concluding that even if the facts 
alleged by Paula Jones were true, her claims failed as a matter 
of law.17 Ms. Jones has filed an appeal, and as of 
the date of this Referral, the matter remains under 
consideration by the United States Court of Appeals for the 
Eighth Circuit.
---------------------------------------------------------------------------
    \17\ Jones v. Clinton, 990 F. Supp. 657, 679 (E.D. Ark. 1998).
---------------------------------------------------------------------------
    After the dismissal of Ms. Jones's lawsuit, the criminal 
investigation continued. It was (and is) the view of this 
Office that any attempt to obstruct the proper functioning of 
the judicial system, regardless of the perceived merits of the 
underlying case, is a serious matter that warrants further 
inquiry. After careful consideration of all the evidence, the 
OIC has concluded that the evidence of wrongdoing is 
substantial and credible, and that the wrongdoing is of 
sufficient gravity that it warrants referral to 
Congress.18
---------------------------------------------------------------------------
    \18\ In the course of its investigation, the OIC gathered 
information from a variety of sources, including the testimony of 
witnesses before the grand jury. Normally a federal prosecutor is 
prohibited by Rule 6(e) of the Federal Rules of Criminal Procedure from 
disclosing grand jury material, unless it obtains permission from a 
court or is otherwise authorized by law to do so. This Office concluded 
that the statutory obligation of disclosure imposed on an Independent 
Counsel by 28 U.S.C. Sec. 595(c) grants such authority. Nevertheless, 
out of an abundance of caution, the OIC obtained permission from the 
Special Division to disclose grand jury material as appropriate in 
carrying out its statutory duty. A copy of the disclosure order entered 
by the Special Division is set forth in the Appendix, Tab B. We also 
advised Chief Judge Norma Holloway Johnson, who supervises the 
principal grand jury in this matter, of our determination on that 
issue.
---------------------------------------------------------------------------

             The Significance of the Evidence of Wrongdoing

    It is not the role of this Office to determine whether the 
President's actions warrant impeachment by the House and 
removal by the Senate; those judgments are, of course, 
constitutionally entrusted to the legislative 
branch.19 This Office is authorized, rather, to 
conduct criminal investigations and to seek criminal 
prosecutions for matters within its jurisdiction.20 
In carrying out its investigation, however, this Office also 
has a statutory duty to disclose to Congress information that 
``may constitute grounds for an impeachment,'' a task that 
inevitably requires judgment about the seriousness of the acts 
revealed by the evidence.
---------------------------------------------------------------------------
    \19\ U.S. Const., art. I, Sec. 2, cl. 5; art. I, Sec. 3, cl. 6.
    \20\ 28 U.S.C. Sec. 594(a).
---------------------------------------------------------------------------
    From the beginning, this phase of the OIC's investigation 
has been criticized as an improper inquiry into the President's 
personal behavior; indeed, the President himself suggested that 
specific inquiries into his conduct were part of an effort to 
``criminalize my private life.'' 21 The regrettable 
fact that the investigation has often required witnesses to 
discuss sensitive personal matters has fueled this perception.
---------------------------------------------------------------------------
    \21\ Before the grand jury, the President refused to answer certain 
questions about his conduct with Ms. Lewinsky on the ground that he 
believed the inquiries were unnecessary ``and . . . I think, frankly, 
go too far in trying to criminalize my private life.'' Clinton 8/17/98 
GJ at 94.
    Others have argued that alleged ``lies about sex'' have nothing to 
do with the President's performance in office, and thus, are 
inconsequential. Former White House Counsel Jack Quinn articulated this 
view:

        This is a matter of sex between consenting adults, and 
      the question of whether or not one or the other was 
      truthful about it. . . . This doesn't go to the question of 
---------------------------------------------------------------------------
      his conduct in office. And, in that sense, it's trivial.

John F. Harris, ``In Political Washington, A Confession Consensus,'' 
Washington Post, Aug. 4, 1998, at A1 (quoting Quinn's statement on 
CBS's ``Face the Nation'').
---------------------------------------------------------------------------
    The President echoed this theme in his address to the Nation on 
August 17, 1998, following his grand jury testimony:

        . . . I intend to reclaim my family life for my family. 
      It's nobody's business but ours. Even Presidents have 
      private lives. It is time to stop the pursuit of personal 
      destruction and the prying into private lives and get on 
---------------------------------------------------------------------------
      with our national life.

Testing of a President: In His Own Words, Last Night's Address, The New 
York Times, Aug. 18, 1998, at A12.
    All Americans, including the President, are entitled to 
enjoy a private family life, free from public or governmental 
scrutiny. But the privacy concerns raised in this case are 
subject to limits, three of which we briefly set forth here.
    First. The first limit was imposed when the President was 
sued in federal court for alleged sexual harassment. The 
evidence in such litigation is often personal. At times, that 
evidence is highly embarrassing for both plaintiff and 
defendant. As Judge Wright noted at the President's January 
1998 deposition, ``I have never had a sexual harassment case 
where there was not some embarrassment.'' 22 
Nevertheless, Congress and the Supreme Court have concluded 
that embarrassment-related concerns must give way to the 
greater interest in allowing aggrieved parties to pursue their 
claims. Courts have long recognized the difficulties of proving 
sexual harassment in the workplace, inasmuch as improper or 
unlawful behavior often takes place in private. 23 
To excuse a party who lied or concealed evidence on the ground 
that the evidence covered only ``personal'' or ``private'' 
behavior would frustrate the goals that Congress and the courts 
have sought to achieve in enacting and interpreting the 
Nation's sexual harassment laws. That is particularly true when 
the conduct that is being concealed--sexual relations in the 
workplace between a high official and a young subordinate 
employee--itself conflicts with those goals.
---------------------------------------------------------------------------
    \22\ Clinton 1/17/98 Depo. at 9. As two commentators have noted: 
``[T]o the extent that discovery is permitted with respect to the 
sexual activities of either the complainant or the alleged harasser, 
courts likely will freely entertain motions to limit the availability 
of such information to the parties and their counsel and to prohibit 
general dissemination of such sensitive data to third parties.'' See 
Barbara Lindeman & David D. Kadue, Sexual Harassment in Employment Law 
563 (1992).
    \23\ A sexual harassment case can sometimes boil down to a 
credibility battle between the parties, in which ``the existence of 
corroborative evidence or the lack thereof is likely to be crucial.'' 
Henson v. City of Dundee, 682 F.2d 897, 912 n.25 (11th Cir. 1982). If 
there are no eyewitnesses, it can be critical for a plaintiff to learn 
in discovery whether the defendant has committed the same kind of acts 
before or since. Thus, the Equal Employment Opportunity Commission 
explained in a 1990 policy statement that the plaintiff's allegations 
of an incident of sexual harassment ``would be further buttressed if 
other employees testified that the supervisor propositioned them as 
well.'' EEOC Policy Guidance (1990). The rules of evidence establish 
that such corroboration may be used to show the defendant's ``motive, 
opportunity, intent, preparation, plan, knowledge, identity, or absence 
of mistake or accident.'' Fed. R. Evid. 404(b). In short, a defendant's 
sexual history, at least with respect to other employees, is ordinarily 
discoverable in a sexual harassment suit.
---------------------------------------------------------------------------
    Second. The second limit was imposed when Judge Wright 
required disclosure of the precise information that is in part 
the subject of this Referral. A federal judge specifically 
ordered the President, on more than one occasion, to provide 
the requested information about relationships with other women, 
including Monica Lewinsky. The fact that Judge Wright later 
determined that the evidence would not be admissible at trial, 
and still later granted judgment in the President's favor, does 
not change the President's legal duty at the time he testified. 
Like every litigant, the President was entitled to object to 
the discovery questions, and to seek guidance from the court if 
he thought those questions were improper. But having failed to 
convince the court that his objections were well founded, the 
President was duty bound to testify truthfully and fully. 
Perjury and attempts to obstruct the gathering of evidence can 
never be an acceptable response to a court order, regardless of 
the eventual course or outcome of the litigation.
    The Supreme Court has spoken forcefully about perjury and 
other forms of obstruction of justice:

          In this constitutional process of securing a witness' 
        testimony, perjury simply has no place whatever. 
        Perjured testimony is an obvious and flagrant affront 
        to the basic concepts of judicial proceedings. 
        Effective restraints against this type of egregious 
        offense are therefore imperative. 24
---------------------------------------------------------------------------
    \24\ United States v. Mandujano, 425 U.S. 564, 576 (1975) 
(plurality opinion).

    The insidious effects of perjury occur whether the case is 
civil or criminal. Only a few years ago, the Supreme Court 
considered a false statement made in a civil administrative 
proceeding: ``False testimony in a formal proceeding is 
intolerable. We must neither reward nor condone such a 
`flagrant affront' to the truth-seeking function of adversary 
proceedings. . . . Perjury should be severely sanctioned in 
appropriate cases.'' 25 Stated more simply, 
``[p]erjury is an obstruction of justice.'' 26
---------------------------------------------------------------------------
    \25\ ABF Freight Sys., Inc. v. NLRB, 510 U.S. 317, 323 (1994).
    \26\ United States v. Norris, 300 U.S. 564, 574 (1937). There is 
occasional misunderstanding to the effect that perjury is somehow 
distinct from ``obstruction of justice.'' While the crimes are 
distinct, they are in fact variations on a single theme: preventing a 
court, the parties, and the public from discovering the truth. Perjury, 
subornation of perjury, concealment of subpoenaed documents, and 
witness tampering are all forms of obstruction of justice.
---------------------------------------------------------------------------
    Third. The third limit is unique to the President. ``The 
Presidency is more than an executive responsibility. It is the 
inspiring symbol of all that is highest in American purpose and 
ideals.'' 27 When he took the Oath of Office in 1993 
and again in 1997, President Clinton swore that he would 
``faithfully execute the Office of President.'' 28 
As the head of the Executive Branch, the President has the 
constitutional duty to ``take Care that the Laws be faithfully 
executed.'' 29 The President gave his testimony in 
the Jones case under oath and in the presence of a federal 
judge, a member of a co-equal branch of government; he then 
testified before a federal grand jury, a body of citizens who 
had themselves taken an oath to seek the truth. In view of the 
enormous trust and responsibility attendant to his high Office, 
the President has a manifest duty to ensure that his conduct at 
all times complies with the law of the land.
---------------------------------------------------------------------------
    \27\ See Eugene Lyons, Herbert Hoover: A Biography 337 (1964) 
(quoting Hoover).
    \28\ U.S. Const., art. II, Sec. 1, cl. 8.
    \29\ U.S. Const., art. II, Sec. 3; see also George Washington, 
Second Inaugural Address, March 4, 1793:

        Previous to the execution of any official act of the 
      President the Constitution requires an oath of office. This 
      oath I am now about to take, and in your presence: That if 
      it shall be found during my administration of the 
      Government I have in any instance violated willingly or 
      knowingly the injunctions thereof, I may (besides incurring 
      constitutional punishment) be subject to the upbraidings of 
      all who are now witnesses of the present solemn ceremony.
Inaugural Addresses of the Presidents of the United States, H.R. Doc. 
No. 82-540, at 4 (1954).
    In sum, perjury and acts that obstruct justice by any 
citizen--whether in a criminal case, a grand jury 
investigation, a congressional hearing, a civil trial, or civil 
discovery--are profoundly serious matters. When such acts are 
committed by the President of the United States, we believe 
those acts ``may constitute grounds for an impeachment.''

                       The Scope of the Referral

    1. Background of the Investigation.--The link between the 
OIC's jurisdiction--as it existed at the end of 1997--and the 
matters set forth in this Referral is complex but direct. In 
January 1998, Linda Tripp, a witness in three ongoing OIC 
investigations, came forward with allegations that: (i) Monica 
Lewinsky was planning to commit perjury in Jones v. Clinton, 
and (ii) she had asked Ms. Tripp to do the same. Ms. Tripp also 
stated that: (i) Vernon Jordan had counseled Ms. Lewinsky and 
helped her obtain legal representation in the Jones case, and 
(ii) at the same time, Mr. Jordan was helping Ms. Lewinsky 
obtain employment in the private sector.
    OIC investigators and prosecutors recognized parallels 
between Mr. Jordan's relationship with Ms. Lewinsky and his 
earlier relationship with a pivotal Whitewater-Madison figure, 
Webster L. Hubbell. Prior to January 1998, the OIC possessed 
evidence that Vernon Jordan--along with other high-level 
associates of the President and First Lady--helped Mr. Hubbell 
obtain lucrative consulting contracts while he was a potential 
witness and/or subject in the OIC's ongoing investigation. This 
assistance took place, moreover, while Mr. Hubbell was a target 
of a separate criminal investigation into his own conduct. The 
OIC also possessed evidence that the President and the First 
Lady knew and approved of the Hubbell-focused assistance.
    Specifically, in the wake of his April 1994 resignation 
from the Justice Department, Mr. Hubbell launched a private 
consulting practice in Washington, D.C. In the startup process, 
Mr. Hubbell received substantial aid from important public and 
private figures. On the day prior to Mr. Hubbell announcing his 
resignation, White House Chief of Staff Thomas ``Mack'' McLarty 
attended a meeting at the White House with the President, First 
Lady, and others, where Mr. Hubbell's resignation was a topic 
of discussion.
    At some point after the White House meeting, Mr. McLarty 
spoke with Vernon Jordan about Mr. Jordan's assistance to Mr. 
Hubbell. Mr. Jordan introduced Mr. Hubbell to senior executives 
at New York-based MacAndrews & Forbes Holding Co. Mr. Jordan is 
a director of Revlon, Inc., a company controlled by MacAndrews 
& Forbes. The introduction was successful; MacAndrews & Forbes 
retained Mr. Hubbell at a rate of $25,000 per quarter. Vernon 
Jordan informed President Clinton that he was helping Mr. 
Hubbell. 30
---------------------------------------------------------------------------
    \30\ Jordan, House Testimony, 7/24/97, at 46.
---------------------------------------------------------------------------
    By late 1997, this Office was investigating whether a 
relationship existed between consulting payments to Mr. Hubbell 
and his lack of cooperation (specifically, his incomplete 
testimony) with the OIC's investigation. 31 In 
particular, the OIC was investigating whether Mr. Hubbell 
concealed information about certain core Arkansas matters, 
namely, the much-publicized Castle Grande real estate project 
and related legal work by the Rose Law Firm, including the 
First Lady.
---------------------------------------------------------------------------
    \31\ From April through November 1994, 17 different persons or 
entities retained Mr. Hubbell as a consultant. In 1994, he collected 
$450,010 for this work. In 1995, he collected $91,750, despite 
beginning a 28-month prison term in August of that year.
---------------------------------------------------------------------------
    Against this background, the OIC considered the January 
1998 allegations that: (i) Ms. Lewinsky was prepared to lie in 
order to benefit the President, and (ii) Vernon Jordan was 
assisting Ms. Lewinsky in the Jones litigation, while 
simultaneously helping her apply for a private-sector job with, 
among others, Revlon, Inc.
    Based in part on these similarities, the OIC undertook a 
preliminary investigation. On January 15, 1998, this Office 
informed the Justice Department of the results of our inquiry. 
The Attorney General immediately applied to the Special 
Division of the Court of Appeals for the District of Columbia 
Circuit for an expansion of the OIC's jurisdiction. The Special 
Division granted this request and authorized the OIC to 
determine whether Monica Lewinsky or others had violated 
federal law in connection with the Jones v. Clinton case.
    2. Current Status of the Investigation.--When the OIC's 
jurisdiction was expanded to cover the Lewinsky matter in 
January 1998, several matters remained under active 
investigation by this Office. Evidence was being gathered and 
evaluated on, among other things, events related to the Rose 
Law Firm's representation of Madison Guaranty Savings & Loan 
Association; events related to the firings in the White House 
Travel Office; and events related to the use of FBI files. 
Since the current phase of the investigation began, additional 
events arising from the Lewinsky matter have also come under 
scrutiny, including possible perjury and obstruction of justice 
related to former White House volunteer Kathleen Willey, and 
the possible misuse of the personnel records of Pentagon 
employee Linda Tripp.
    From the outset, it was our strong desire to complete all 
phases of the investigation before deciding whether to submit 
to Congress information--if any--that may constitute grounds 
for an impeachment. But events and the statutory command of 
Section 595(c) have dictated otherwise. As the investigation 
into the President's actions with respect to Ms. Lewinsky and 
the Jones litigation progressed, it became apparent that there 
was a significant body of substantial and credible information 
that met the Section 595(c) threshold. As that phase of the 
investigation neared completion, it also became apparent that a 
delay of this Referral until the evidence from all phases of 
the investigation had been evaluated would be unwise. Although 
Section 595(c) does not specify when information must be 
submitted, its text strongly suggests that information of this 
type belongs in the hands of Congress as soon as the 
Independent Counsel determines that the information is reliable 
and substantially complete.
    All phases of the investigation are now nearing completion. 
This Office will soon make final decisions about what steps to 
take, if any, with respect to the other information it has 
gathered. Those decisions will be made at the earliest 
practical time, consistent with our statutory and ethical 
obligations.

                      The Contents of the Referral

    The Referral consists of several parts. Part One is a 
Narrative. It begins with an overview of the information 
relevant to this investigation, then sets forth that 
information in chronological sequence. A large part of the 
Narrative is devoted to a description of the President's 
relationship with Monica Lewinsky. The nature of the 
relationship was the subject of many of the President's false 
statements, and his desire to keep the relationship secret 
provides a motive for many of his actions that apparently were 
designed to obstruct justice.
    The Narrative is lengthy and detailed. It is the view of 
this Office that the details are crucial to an informed 
evaluation of the testimony, the credibility of witnesses, and 
the reliability of other evidence. Many of the details reveal 
highly personal information; many are sexually explicit. This 
is unfortunate, but it is essential. The President's defense to 
many of the allegations is based on a close parsing of the 
definitions that were used to describe his conduct. We have, 
after careful review, identified no manner of providing the 
information that reveals the falsity of the President's 
statements other than to describe his conduct with precision.
    Part Two of the Referral is entitled ``Information that May 
Constitute Grounds for An Impeachment.'' This ``Grounds'' 
portion of the Referral summarizes the specific evidence that 
the President lied under oath and attempted to obstruct 
justice. This Part is designed to be understandable if read 
without the Narrative, although the full context in which the 
potential grounds for impeachment arise can best be understood 
if considered against the backdrop of information set forth in 
Part One.
    Several volumes accompany the Referral. The Appendix 
contains relevant court orders, tables, a discussion of legal 
and evidentiary issues, background information on the Jones 
litigation, a diagram of the Oval Office, and other reference 
material. We next set forth a series of ``Document 
Supplements,'' which attempt to provide some of the most 
important support material in an accessible format. Document 
Supplement A contains transcripts of the President's deposition 
testimony and grand jury testimony; Document Supplement B 
contains transcripts of Monica Lewinsky's testimony and 
interview statements. Document Supplements C, D, and E set 
forth the full text of the documents cited in the Referral. 
Although every effort has been made to provide full and 
accurate quotations of witnesses in their proper context, we 
urge review of the full transcripts of the testimony cited 
below.

   I. Nature of President Clinton's Relationship with Monica Lewinsky

                            a. introduction

    This Referral presents substantial and credible information 
that President Clinton criminally obstructed the judicial 
process, first in a sexual harassment lawsuit in which he was 
the defendant and then in a grand jury investigation. The 
opening section of the Narrative provides an overview of the 
object of the President's cover-up, the sexual relationship 
between the President and Ms. Lewinsky. Subsequent sections 
recount the evolution of the relationship chronologically, 
including the sexual contacts, the President's efforts to get 
Ms. Lewinsky a job, Ms. Lewinsky's subpoena in Jones v. 
Clinton, the role of Vernon Jordan, the President's discussions 
with Ms. Lewinsky about her affidavit and deposition, the 
President's deposition testimony in Jones, the President's 
attempts to coach a potential witness in the harassment case, 
the President's false and misleading statements to aides and to 
the American public after the Lewinsky story became public, 
and, finally, the President's testimony before a federal grand 
jury.

            b. evidence establishing nature of relationship

1. Physical Evidence
    Physical evidence conclusively establishes that the 
President and Ms. Lewinsky had a sexual relationship. After 
reaching an immunity and cooperation agreement with the Office 
of the Independent Counsel on July 28, 1998, Ms. Lewinsky 
turned over a navy blue dress that she said she had worn during 
a sexual encounter with the President on February 28, 1997. 
According to Ms. Lewinsky, she noticed stains on the garment 
the next time she took it from her closet. From their location, 
she surmised that the stains were the President's semen. 
1
---------------------------------------------------------------------------
    \1\  Lewinsky 8/6/98 GJ at 31-32, 39-40; DB Photos 0004 (photo of 
dress).
---------------------------------------------------------------------------
    Initial tests revealed that the stains are in fact semen. 
2 Based on that result, the OIC asked the President 
for a blood sample. 3 After requesting and being 
given assurances that the OIC had an evidentiary basis for 
making the request, the President agreed. 4 In the 
White House Map Room on August 3, 1998, the White House 
Physician drew a vial of blood from the President in the 
presence of an FBI agent and an OIC attorney. 5 By 
conducting the two standard DNA comparison tests, the FBI 
Laboratory concluded that the President was the source of the 
DNA obtained from the dress. 6 According to the more 
sensitive RFLP test, the genetic markers on the semen, which 
match the President's DNA, are characteristic of one out of 
7.87 trillion Caucasians. 7
---------------------------------------------------------------------------
    \2\  FBI Lab Report, 8/3/98.
    \3\  OIC letter to David Kendall, 7/31/98 (1st letter of day).
    \4\  Kendall letter to OIC, 7/31/98; OIC letter to Kendall, 7/31/98 
(2d letter of day); Kendall letter to OIC, 8/3/98; OIC letter to 
Kendall, 8/3/98.
    \5\  FBI Observation Report (White House), 8/3/98.
    \6\  FBI Lab Reports, 8/6/98 & 8/17/98. The FBI Laboratory 
performed polymerase chain reaction analysis (PCR) and restriction 
fragment length polymorphisim analysis (RFLP). RFLP, which requires a 
larger sample, is the more precise method. United States v. Hicks, 103 
F.3d 837, 844-847 (9th Cir. 1996).
    \7\  FBI Lab Report, 8/17/98, at 2.
---------------------------------------------------------------------------
    In addition to the dress, Ms. Lewinsky provided what she 
said were answering machine tapes containing brief messages 
from the President, as well as several gifts that the President 
had given her.
2. Ms. Lewinsky's Statements
    Ms. Lewinsky was extensively debriefed about her 
relationship with the President. For the initial evaluation of 
her credibility, she submitted to a detailed ``proffer'' 
interview on July 27, 1998. 8 After entering into a 
cooperation agreement, she was questioned over the course of 
approximately 15 days. She also provided testimony under oath 
on three occasions: twice before the grand jury, and, because 
of the personal and sensitive nature of particular topics, once 
in a deposition. In addition, Ms. Lewinsky worked with 
prosecutors and investigators to create an 11-page chart that 
chronologically lists her contacts with President Clinton, 
including meetings, phone calls, gifts, and messages. 
9 Ms. Lewinsky twice verified the accuracy of the 
chart under oath. 10
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    \8\  Lewinsky 7/27/98 Int. During earlier negotiations with this 
Office, Ms. Lewinsky provided a 10-page handwritten proffer statement 
summarizing her dealings with the President and other matters under 
investigation. Lewinsky 2/1/98 Statement. Ms. Lewinsky later confirmed 
the accuracy of the statement in grand jury testimony. Lewinsky 8/20/98 
GJ at 62-63. The negotiations in January and February 1998 (which 
produced the written proffer) did not result in a cooperation agreement 
because Ms. Lewinsky declined to submit to a face-to-face proffer 
interview, which the OIC deemed essential because of her perjurious 
Jones affidavit, her efforts to persuade Linda Tripp to commit perjury, 
her assertion in a recorded conversation that she had been brought up 
to regard lying as necessary, and her forgery of a letter while in 
college. In July 1998, Ms. Lewinsky agreed to submit to a face-to-face 
interview, and the parties were able to reach an agreement.
    \9\  Ex. ML-7 to Lewinsky 8/6/98 GJ.
    \10\  Lewinsky 8/26/98 Depo. at 5-6; Lewinsky 8/6/98 GJ at 27-28.
---------------------------------------------------------------------------
    In the evaluation of experienced prosecutors and 
investigators, Ms. Lewinsky has provided truthful information. 
She has not falsely inculpated the President. Harming him, she 
has testified, is ``the last thing in the world I want to do.'' 
11
---------------------------------------------------------------------------
    \11\  Lewinsky 8/26/98 Depo. at 69.
---------------------------------------------------------------------------
    Moreover, the OIC's immunity and cooperation agreement with 
Ms. Lewinsky includes safeguards crafted to ensure that she 
tells the truth. Court-ordered immunity and written immunity 
agreements often provide that the witness can be prosecuted 
only for false statements made during the period of 
cooperation, and not for the underlying offense. The OIC's 
agreement goes further, providing that Ms. Lewinsky will lose 
her immunity altogether if the government can prove to a 
federal district judge--by a preponderance of the evidence, not 
the higher standard of beyond a reasonable doubt--that she 
lied. Moreover, the agreement provides that, in the course of 
such a prosecution, the United States could introduce into 
evidence the statements made by Ms. Lewinsky during her 
cooperation. Since Ms. Lewinsky acknowledged in her proffer 
interview and in debriefings that she violated the law, she has 
a strong incentive to tell the truth: If she did not, it would 
be relatively straightforward to void the immunity agreement 
and prosecute her, using her own admissions against her.
3. Ms. Lewinsky's Confidants
    Between 1995 and 1998, Ms. Lewinsky confided in 11 people 
about her relationship with the President. All have been 
questioned by the OIC, most before a federal grand jury: Andrew 
Bleiler, Catherine Allday Davis, Neysa Erbland, Kathleen Estep, 
Deborah Finerman, Dr. Irene Kassorla, Marcia Lewis, Ashley 
Raines, Linda Tripp, Natalie Ungvari, and Dale Young. 
12 Ms. Lewinsky told most of these confidants about 
events in her relationship with the President as they occurred, 
sometimes in considerable detail.
---------------------------------------------------------------------------
    \12\  Lewinsky 8/6/98 GJ at 59-60, 87; Lewinsky 8/20/98 GJ at 82; 
Lewinsky 8/24/98 Int. at 8.
---------------------------------------------------------------------------
    Some of Ms. Lewinsky's statements about the relationship 
were contemporaneously memorialized. These include deleted 
email recovered from her home computer and her Pentagon 
computer, email messages retained by two of the recipients, 
tape recordings of some of Ms. Lewinsky's conversations with 
Ms. Tripp, and notes taken by Ms. Tripp during some of their 
conversations. The Tripp notes, which have been extensively 
corroborated, refer specifically to places, dates, and times of 
physical contacts between the President and Ms. Lewinsky. 
13
---------------------------------------------------------------------------
    \13\  Ms. Tripp testified that she took notes on two occasions. 
Tripp 6/30/98 GJ at 141-42; Tripp 7/7/98 GJ at 153-54; Tripp 7/16/98 GJ 
at 112-13.
---------------------------------------------------------------------------
    Everyone in whom Ms. Lewinsky confided in detail believed 
she was telling the truth about her relationship with the 
President. Ms. Lewinsky told her psychologist, Dr. Irene 
Kassorla, about the affair shortly after it began. Thereafter, 
she related details of sexual encounters soon after they 
occurred (sometimes calling from her White House office). 
14 Ms. Lewinsky showed no indications of delusional 
thinking, according to Dr. Kassorla, and Dr. Kassorla had no 
doubts whatsoever about the truth of what Ms. Lewinsky told 
her. 15 Ms. Lewinsky's friend Catherine Allday Davis 
testified that she believed Ms. Lewinsky's accounts of the 
sexual relationship with the President because ``I trusted in 
the way she had confided in me on other things in her life . . 
. . I just trusted the relationship, so I trusted her.'' 
16 Dale Young, a friend in whom Ms. Lewinsky 
confided starting in mid-1996, testified:
---------------------------------------------------------------------------
    \14\  Kassorla 8/28/98 Int. at 2-3. Ms. Lewinsky (who voluntarily 
waived therapist-patient privilege) consulted Dr. Kassorla in person 
from 1992 to 1993 and by telephone thereafter. Id. at 1. Anticipating 
that the White House might fire Ms. Lewinsky in order to protect the 
President, Dr. Kassorla cautioned her patient that workplace romances 
are generally ill-advised. Id. at 2.
    \15\  Kassorla 8/28/98 Int. at 2, 4. Ms. Lewinsky also consulted 
another counselor, Kathleen Estep, three times in November 1996. While 
diagnosing Ms. Lewinsky as suffering from depression and low self-
esteem, Ms. Estep considered her self-aware, credible, insightful, 
introspective, relatively stable, and not delusional. Estep 8/23/98 
Int. at 1-4.
    \16\  Catherine Davis 3/17/98 GJ at 21-22.

        [I]f she was going to lie to me, she would have said to 
        me, ``Oh, he calls me all the time. He does wonderful 
        things. He can't wait to see me.'' * * * [S]he would 
        have embellished the story. You know, she wouldn't be 
        telling me, ``He told me he'd call me, I waited home 
        all weekend and I didn't do anything and he didn't call 
        and then he didn't call for two weeks.'' 17
---------------------------------------------------------------------------
    \17\  Young 6/23/98 GJ at 40. See also Catherine Davis 3/17/98 GJ 
at 73; Erbland 2/12/98 GJ at 25 (``I never had any reason to think she 
would lie to me. I never knew of her to lie to me before and we talked 
about our boyfriends and, you know, sexual relationships throughout our 
friendship and I never knew her as a liar.''); Finerman 3/18/98 Depo. 
at 113-16 (characterizing Ms. Lewinsky as trustworthy and honest); 
Raines 1/29/98 GJ at 87 (``I have no reason to believe that [Ms. 
Lewinsky's statements] were lies or made up.''); Tripp 7/29/98 GJ at 
187 (``There were so many reasons why I believed her. She just had way 
too much detail. She had detail that none of us could really 
conceivably have if you had not been exposed in a situation that she 
claimed to be.''); Ungvari 3/19/98 GJ at 19 (``[s]he's never lied to me 
before''); id. at 21, 61-62; Young 6/23/98 GJ at 38-40.
---------------------------------------------------------------------------

4. Documents

    In addition to her remarks and email to friends, Ms. 
Lewinsky wrote a number of documents, including letters and 
draft letters to the President. Among these documents are (i) 
papers found in a consensual search of her apartment; (ii) 
papers that Ms. Lewinsky turned over pursuant to her 
cooperation agreement, including a calendar with dates circled 
when she met or talked by telephone with the President in 1996 
and 1997; and (iii) files recovered from Ms. Lewinsky's 
computers at home and at the Pentagon.

5. Consistency and Corroboration

    The details of Ms. Lewinsky's many statements have been 
checked, cross-checked, and corroborated. When negotiations 
with Ms. Lewinsky in January and February 1998 did not 
culminate in an agreement, the OIC proceeded with a 
comprehensive investigation, which generated a great deal of 
probative evidence.
    In July and August 1998, circumstances brought more direct 
and compelling evidence to the investigation. After the courts 
rejected a novel privilege claim, Secret Service officers and 
agents testified about their observations of the President and 
Ms. Lewinsky in the White House. Ms. Lewinsky agreed to submit 
to a proffer interview (previous negotiations had deadlocked 
over her refusal to do so), and, after assessing her 
credibility in that session, the OIC entered into a cooperation 
agreement with her. Pursuant to the cooperation agreement, Ms. 
Lewinsky turned over the dress that proved to bear traces of 
the President's semen. And the President, who had spurned six 
invitations to testify, finally agreed to provide his account 
to the grand jury. In that sworn testimony, he acknowledged 
``inappropriate intimate contact'' with Ms. Lewinsky.
    Because of the fashion in which the investigation had 
unfolded, in sum, a massive quantity of evidence was available 
to test and verify Ms. Lewinsky's statements during her proffer 
interview and her later cooperation. Consequently, Ms. 
Lewinsky's statements have been corroborated to a remarkable 
degree. Her detailed statements to the grand jury and the OIC 
in 1998 are consistent with statements to her confidants dating 
back to 1995, documents that she created, and physical 
evidence.18 Moreover, her accounts generally match 
the testimony of White House staff members; the testimony of 
Secret Service agents and officers; and White House records 
showing Ms. Lewinsky's entries and exits, the President's 
whereabouts, and the President's telephone calls.
---------------------------------------------------------------------------
    \18\ Ms. Lewinsky testified that she has ``always been a date-
oriented person.'' Lewinsky 8/6/98 GJ at 28. See also Tripp 6/30/98 GJ 
at 141-42 (Ms. Lewinsky ``had a photographic memory for the entire 
relationship'').
---------------------------------------------------------------------------

                           C. Sexual Contacts

1. The President's Accounts

            a. Jones Testimony
    In the Jones deposition on January 17, 1998, the President 
denied having had ``a sexual affair,'' ``sexual relations,'' or 
``a sexual relationship'' with Ms. Lewinsky.19 He 
noted that ``[t]here are no curtains on the Oval Office, there 
are no curtains on my private office, there are no curtains or 
blinds that can close [on] the windows in my private dining 
room,'' and added: ``I have done everything I could to avoid 
the kind of questions you are asking me here today * * *.'' 
20
---------------------------------------------------------------------------
    \19\ Clinton 1/17/98 Depo. at 78, 204. The transcript of this 
deposition testimony appears in Document Supp. A. For reasons of 
privacy, the OIC has redacted the names of three women from the 
transcript. The OIC will provide an unredacted transcript if the House 
of Representatives so requests.
    \20\ Clinton 1/17/98 Depo. at 57.
---------------------------------------------------------------------------
    During the deposition, the President's attorney, Robert 
Bennett, sought to limit questioning about Ms. Lewinsky. Mr. 
Bennett told Judge Susan Webber Wright that Ms. Lewinsky had 
executed ``an affidavit which [Ms. Jones's lawyers] are in 
possession of saying that there is absolutely no sex of any 
kind in any manner, shape or form, with President Clinton.'' In 
a subsequent colloquy with Judge Wright, Mr. Bennett declared 
that as a result of ``preparation of [President Clinton] for 
this deposition, the witness is fully aware of Ms. Lewinsky's 
affidavit.'' 21 The President did not dispute his 
legal representative's assertion that the President and Ms. 
Lewinsky had had ``absolutely no sex of any kind in any manner, 
shape or form,'' nor did he dispute the implication that Ms. 
Lewinsky's affidavit, in denying ``a sexual relationship,'' 
meant that there was ``absolutely no sex of any kind in any 
manner, shape or form.'' In subsequent questioning by his 
attorney, President Clinton testified under oath that Ms. 
Lewinsky's affidavit was ``absolutely true.'' 22
---------------------------------------------------------------------------
    \21\ Clinton 1/17/98 Depo. at 54.
    \22\ Clinton 1/17/98 Depo. at 204. Beyond his denial of a sexual 
relationship with Ms. Lewinsky, the President testified that he could 
not recall many details of their encounters. He said he could not 
specifically remember whether he had ever been alone with Ms. Lewinsky, 
or any of their in-person conversations, or any notes or messages she 
had sent him, or an audiocassette she had sent him, or any specific 
gifts he had given her. Alone together: Clinton 1/17/98 Depo. at 52-53, 
56-59. Conversations: Id. at 59. Cards and letters: Id. at 62. 
Audiocassette: Id. at 63-64. Gifts from the President to Ms. Lewinsky: 
Id. at 75. When asked about their last conversation, the President 
referred to a December encounter when, he said, Ms. Lewinsky had been 
visiting his secretary and he had ``stuck [his] head out'' to say 
hello. Id. at 68. He did not mention a private meeting with Ms. 
Lewinsky on December 28, 1997, or a telephone conversation with her on 
January 5, 1998. Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7; Clinton 8/17/
98 GJ at 34-36, 126-28.
---------------------------------------------------------------------------
            b. Grand Jury Testimony
    Testifying before the grand jury on August 17, 1998, seven 
months after his Jones deposition, the President acknowledged 
``inappropriate intimate contact'' with Ms. Lewinsky but 
maintained that his January deposition testimony was 
accurate.23 In his account, ``what began as a 
friendship [with Ms. Lewinsky] came to include this conduct.'' 
24 He said he remembered ``meeting her, or having my 
first real conversation with her during the government shutdown 
in November of '95.'' According to the President, the 
inappropriate contact occurred later (after Ms. Lewinsky's 
internship had ended), ``in early 1996 and once in early 
1997.'' 25
---------------------------------------------------------------------------
    \23\ Clinton 8/17/98 GJ at 10, 79, 81.
    \24\ Clinton 8/17/98 GJ at 10.
    \25\ Clinton 8/17/98 GJ at 31, 10. See also id. at 38-39.
---------------------------------------------------------------------------
    The President refused to answer questions about the precise 
nature of his intimate contacts with Ms. Lewinsky, but he did 
explain his earlier denials.26 As to his denial in 
the Jones deposition that he and Ms. Lewinsky had had a 
``sexual relationship,'' the President maintained that there 
can be no sexual relationship without sexual intercourse, 
regardless of what other sexual activities may transpire. He 
stated that ``most ordinary Americans'' would embrace this 
distinction.27
---------------------------------------------------------------------------
    \26\ Clinton 8/17/98 GJ at 10, 92-93.
    \27\ Clinton 8/17/98 GJ at 22.
---------------------------------------------------------------------------
    The President also maintained that none of his sexual 
contacts with Ms. Lewinsky constituted ``sexual relations'' 
within a specific definition used in the Jones 
deposition.28 Under that definition:
---------------------------------------------------------------------------
    \28\ Clinton 8/17/98 GJ at 10, 12, 93-96.

          [A] person engages in ``sexual relations'' when the 
        person knowingly engages in or causes--(1) contact with 
        the genitalia, anus, groin, breast, inner thigh, or 
        buttocks of any person with an intent to arouse or 
        gratify the sexual desire of any person * * *. 
        ``Contact'' means intentional touching, either directly 
        or through clothing.29
---------------------------------------------------------------------------
    \29\ 849-DC-00000586. The definition mirrors a federal criminal 
statute, 18 U.S.C. Sec. 2246(3). The ellipsis in the quotation omits 
two paragraphs of the definition that Judge Wright ruled inapplicable. 
Clinton 1/17/98 Depo. at 21-22. The President testified that he 
considered the definition ``rather strange,'' and at one point he spoke 
of ``people being drawn into a lawsuit and being given definitions, and 
then a great effort to trick them in some way.'' Clinton 8/17/98 GJ at 
19, 22. He acknowledged, however, that the definition ``was the one the 
Judge decided on and I was bound by it.'' Clinton 8/17/98 GJ at 19.

According to what the President testified was his 
understanding, this definition ``covers contact by the person 
being deposed with the enumerated areas, if the contact is done 
with an intent to arouse or gratify,'' but it does not cover 
oral sex performed on the person being deposed.30 He 
testified:
---------------------------------------------------------------------------
    \30\ Clinton 8/17/98 GJ at 15, 93, 100, 102.

          [I]f the deponent is the person who has oral sex 
        performed on him, then the contact is with--not with 
        anything on that list, but with the lips of another 
        person. It seems to be self-evident that that's what it 
        is * * *. Let me remind you, sir, I read this 
        carefully.31
---------------------------------------------------------------------------
    \31\ Clinton 8/17/98 GJ at 151.

In the President's view, ``any person, reasonable person'' 
would recognize that oral sex performed on the deponent falls 
outside the definition.32
---------------------------------------------------------------------------
    \32\ Clinton 8/17/98 GJ at 168.
---------------------------------------------------------------------------
    If Ms. Lewinsky performed oral sex on the President, then--
under this interpretation--she engaged in sexual relations but 
he did not. The President refused to answer whether Ms. 
Lewinsky in fact had performed oral sex on him.33 He 
did testify that direct contact with Ms. Lewinsky's breasts or 
genitalia would fall within the definition, and he denied 
having had any such contact.34
---------------------------------------------------------------------------
    \33\ Clinton 8/17/98 GJ at 102-105, 167-68.
    \34\ Clinton 8/17/98 GJ at 95-96, 100, 110, 139. The President did 
not always specify that the contact had to be direct. Id. at 15 (``[m]y 
understanding of the definition is it covers contact by the person 
being deposed with the enumerated areas, if the contact is done with an 
intent to arouse or gratify''); id. at 16 (definition covers ``[a]ny 
contact with the areas there mentioned'').
---------------------------------------------------------------------------

2. Ms. Lewinsky's Account

    In his grand jury testimony, the President relied heavily 
on a particular interpretation of ``sexual relations'' as 
defined in the Jones deposition. Beyond insisting that his 
conduct did not fall within the Jones definition, he refused to 
answer questions about the nature of his physical contact with 
Ms. Lewinsky, thus placing the grand jury in the position of 
having to accept his conclusion without being able to explore 
the underlying facts. This strategy--evidently an effort to 
account for possible traces of the President's semen on Ms. 
Lewinsky's clothing without undermining his position that he 
did not lie in the Jones deposition--mandates that this 
Referral set forth evidence of an explicit nature that 
otherwise would be omitted.
    In light of the President's testimony, Ms. Lewinsky's 
accounts of their sexual encounters are indispensable for two 
reasons. First, the detail and consistency of these accounts 
tend to bolster Ms. Lewinsky's credibility. Second, and 
particularly important, Ms. Lewinsky contradicts the President 
on a key issue. According to Ms. Lewinsky, the President 
touched her breasts and genitalia--which means that his conduct 
met the Jones definition of sexual relations even under his 
theory. On these matters, the evidence of the President's 
perjury cannot be presented without specific, explicit, and 
possibly offensive descriptions of sexual encounters.
    According to Ms. Lewinsky, she and the President had ten 
sexual encounters, eight while she worked at the White House 
and two thereafter.35 The sexual encounters 
generally occurred in or near the private study off the Oval 
Office--most often in the windowless hallway outside the 
study.36 During many of their sexual encounters, the 
President stood leaning against the doorway of the bathroom 
across from the study, which, he told Ms. Lewinsky, eased his 
sore back.37
---------------------------------------------------------------------------
    \35\  Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7. These numbers include 
occasions when one or both of them had direct contact with the other's 
genitals, but not occasions when they merely kissed. On the timing of 
some of their sexual encounters, Ms. Lewinsky's testimony is at odds 
with the President's. According to Ms. Lewinsky, she and the President 
had three sexual encounters in 1995 (the President said he recalled 
none) and two sexual encounters in 1997 (not one, as the President 
testified). Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7; Lewinsky 8/26/98 
Depo. at 6; Clinton 8/17/98 GJ at 9-10. The President's account omits 
the two 1995 encounters when Ms. Lewinsky was an intern (as well as one 
1995 encounter when she worked on the White House staff), and it treats 
the 1997 encounter that produced the semen-stained dress as a single 
aberration.
    \36\  Lewinsky 8/6/98 GJ at 34-36; Lewinsky 8/20/98 GJ at 17; 
Lewinsky 7/27/98 Int. at 2; Lewinsky 7/31/98 Int. at 4; Catherine Davis 
3/17/98 GJ at 16; Erbland 2/12/98 GJ at 27-28, 43-44; Finerman 3/18/98 
Depo. at 32; Kassorla 8/28/98 Int. at 2; Raines 1/29/98 GJ at 32-33; 
Tripp 7/2/98 GJ at 54, 101; Tripp 7/7/98 GJ at 171; Ungvari 3/19/98 GJ 
at 19, 25.
    \37\ Lewinsky 8/6/98 GJ at 35; Lewinsky 7/27/98 Int. at 2.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that her physical relationship with 
the President included oral sex but not sexual 
intercourse.38 According to Ms. Lewinsky, she 
performed oral sex on the President; he never performed oral 
sex on her.39 Initially, according to Ms. Lewinsky, 
the President would not let her perform oral sex to completion. 
In Ms. Lewinsky's understanding, his refusal was related to 
``trust and not knowing me well enough.'' 40 During 
their last two sexual encounters, both in 1997, he did 
ejaculate.41
---------------------------------------------------------------------------
    \38\  Lewinsky 8/6/98 GJ at 12, 21; Lewinsky 2/1/98 Statement at 1. 
See also Andrew Bleiler 1/28/98 Int. at 3; Catherine Davis 3/17/98 GJ 
at 21; Kassorla 8/28/98 Int. at 2; Tripp 7/2/98 GJ at 100, 104-107; 
Ungvari 3/19/98 GJ at 23.
    \39\  Lewinsky 8/6/98 GJ at 19; Catherine Davis 3/17/98 GJ at 20; 
Erbland 2/12/98 GJ at 29, 44; Ungvari 3/19/98 GJ at 20; Young 6/23/98 
GJ at 37-38; but see Raines 1/29/98 GJ at 43 (testifying that she was 
``pretty sure'' that Ms. Lewinsky spoke of reciprocal oral sex); Tripp 
GJ 7/2/98 at 101 (testifying that she understood that, on rare 
occasions, the President reciprocated).
    \40\  Lewinsky 8/6/98 GJ at 38-39. See also Lewinsky 8/20/98 GJ at 
24.
    \41\  Lewinsky 8/6/98 GJ at 19-20, 38-39; Ungvari 3/19/98 GJ at 23-
24.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, she performed oral sex on the 
President on nine occasions. On all nine of those occasions, 
the President fondled and kissed her bare breasts. He touched 
her genitals, both through her underwear and directly, bringing 
her to orgasm on two occasions. On one occasion, the President 
inserted a cigar into her vagina. On another occasion, she and 
the President had brief genital-to-genital 
contact.42
---------------------------------------------------------------------------
    \42\  Lewinsky 7/30/98 Int. at 5-13, 15-16; Lewinsky 8/6/98 GJ at 
19-21; Lewinsky 8/20/98 GJ at 31-32, 40, 67-69; Lewinsky 8/26/98 Depo. 
at 20, 30-31, 50; Andrew Bleiler 1/28/98 Int. at 3; Catherine Davis 3/
17/98 GJ at 20-21, 169; Erbland 2/12/98 GJ at 29, 43-45; Estep 8/23/98 
Int. at 2; Kassorla 8/28/98 Int. at 2; Ungvari 3/19/98 GJ at 23-24.
---------------------------------------------------------------------------
    Whereas the President testified that ``what began as a 
friendship came to include [intimate contact],'' Ms. Lewinsky 
explained that the relationship moved in the opposite 
direction: ``[T]he emotional and friendship aspects * * * 
developed after the beginning of our sexual relationship.'' 
43
---------------------------------------------------------------------------
    \43\  Clinton 8/17/98 GJ at 10; Lewinsky 8/26/98 Depo. at 5. In Ms. 
Lewinsky's recollection, the friendship started to develop following 
their sixth sexual encounter, when the President sat down and talked 
with her for about 45 minutes after she had complained that he was 
making no effort to get to know her. Lewinsky 8/26/98 Depo. at 23, 33-
34.
---------------------------------------------------------------------------

                        D. Emotional Attachment

    As the relationship developed over time, Ms. Lewinsky grew 
emotionally attached to President Clinton. She testified: ``I 
never expected to fall in love with the President. I was 
surprised that I did.'' 44 Ms. Lewinsky told him of 
her feelings. 45 At times, she believed that he 
loved her too.46 They were physically affectionate: 
``A lot of hugging, holding hands sometimes. He always used to 
push the hair out of my face.'' 47 She called him 
``Handsome''; on occasion, he called her ``Sweetie,'' ``Baby,'' 
or sometimes ``Dear.'' 48 He told her that he 
enjoyed talking to her--she recalled his saying that the two of 
them were ``emotive and full of fire,'' and she made him feel 
young.49 He said he wished he could spend more time 
with her.50
---------------------------------------------------------------------------
    \44\ Lewinsky 8/20/98 GJ at 59. See also id. at 52; Lewinsky 8/6/98 
GJ at 168. After the President's August 1998 speech acknowledging 
improper conduct with Ms. Lewinsky, she testified that she was no 
longer certain of her feelings because, in her view, he had depicted 
their relationship as ``a service contract, that all I did was perform 
oral sex on him and that that's all that this relationship was. And it 
was a lot more than that to me * * *.'' Lewinsky 8/20/98 GJ at 54. See 
also id. at 53-56, 102-104.
    \45\ MSL-55-C-0178 (document retrieved from Ms. Lewinsky's home 
computer); Catherine Davis 3/17/98 GJ at 147; Erbland 2/12/98 GJ at 92.
    \46\ Lewinsky 8/20/98 GJ at 52; T1 at 101. See also Marcia Lewis 2/
11/98 GJ at 7; Catherine Davis 3/17/98 GJ at 182.
    \47\ Lewinsky 8/6/98 GJ at 18.
    \48\  Lewinsky 7/27/98 Int. at 6; Currie 5/7/98 GJ at 60; Catherine 
Davis 3/17/98 GJ at 27; Raines 1/29/98 GJ at 53; Ungvari 3/19/98 GJ at 
45; Young 6/23/98 GJ at 47; 1037-DC-00000042 (email from Ms. Lewinsky: 
``Jeez, I hate being called `dear.' The creep calls me that sometimes. 
It's an old person saying!'') (spelling and punctuation corrected). 
When angry, Ms. Lewinsky referred to the President as ``creep'' or 
``big creep.'' Lewinsky 8/4/98 Int. at 8; Marcia Lewis 2/11/98 GJ at 
17; Raines 1/29/98 GJ at 52; Ungvari 3/19/98 GJ at 45.
    \49\ Lewinsky 7/27/98 Int. at 6.
    \50\ Lewinsky 8/26/98 Depo. at 55-57; Lewinsky 7/27/98 Int. at 6.
---------------------------------------------------------------------------
    Ms. Lewinsky told confidants of the emotional underpinnings 
of the relationship as it evolved. According to her mother, 
Marcia Lewis, the President once told Ms. Lewinsky that she 
``had been hurt a lot or something by different men and that he 
would be her friend or he would help her, not hurt her.'' 
51 According to Ms. Lewinsky's friend Neysa Erbland, 
President Clinton once confided in Ms. Lewinsky that he was 
uncertain whether he would remain married after he left the 
White House. He said in essence, ``[W]ho knows what will happen 
four years from now when I am out of office?'' Ms. Lewinsky 
thought, according to Ms. Erbland, that ``maybe she will be his 
wife.'' 52
---------------------------------------------------------------------------
    \51\ Marcia Lewis 2/11/98 GJ at 7-8.
    \52\ Erbland 2/12/98 GJ at 84. See also Lewinsky 8/26/98 Depo. at 
56-57; Catherine Davis 3/17/98 GJ at 166-67. In late 1997, Ms. Lewinsky 
asked Vernon Jordan whether he believed that the Clintons would remain 
married. Lewinsky 2/1/98 Statement at 8; Jordan 3/3/98 GJ at 150.
---------------------------------------------------------------------------

                  E. Conversations and Phone Messages

    Ms. Lewinsky testified that she and the President ``enjoyed 
talking to each other and being with each other.'' In her 
recollection, ``We would tell jokes. We would talk about our 
childhoods. Talk about current events. I was always giving him 
my stupid ideas about what I thought should be done in the 
administration or different views on things.'' 53 
One of Ms. Lewinsky's friends testified that, in her 
understanding, ``[The President] would talk about his childhood 
and growing up, and [Ms. Lewinsky] would relay stories about 
her childhood and growing up. I guess normal conversations that 
you would have with someone that you're getting to know.'' 
54
---------------------------------------------------------------------------
    \53\ Lewinsky 8/6/98 GJ at 17. See also Lewinsky 8/26/98 Depo. at 
24; Lewinsky 8/24/98 Int. at 6; Tripp 7/7/98 GJ at 172.
    \54\  Raines 1/29/98 GJ at 39. See also Catherine Davis 3/17/98 GJ 
at 18; Finerman 3/18/98 Depo. 47-49; Raines 1/29/98 GJ at 47-48; Tripp 
7/14/98 GJ at 77, 79-81.
---------------------------------------------------------------------------
    The longer conversations often occurred after their sexual 
contact. Ms. Lewinsky testified: ``[W]hen I was working there 
[at the White House] * * * we'd start in the back [in or near 
the private study] and we'd talk and that was where we were 
physically intimate, and we'd usually end up, kind of the 
pillow talk of it, I guess, * * * sitting in the Oval Office * 
* *.'' 55 During several meetings when they were not 
sexually intimate, they talked in the Oval Office or in the 
area of the study.56
---------------------------------------------------------------------------
    \55\  Lewinsky 8/6/98 GJ at 52-53.
    \56\ Lewinsky 8/6/98 GJ at 52.
---------------------------------------------------------------------------
    Along with face-to-face meetings, according to Ms. 
Lewinsky, she spoke on the telephone with the President 
approximately 50 times, often after 10 p.m. and sometimes well 
after midnight.57 The President placed the calls 
himself or, during working hours, had his secretary, Betty 
Currie, do so; Ms. Lewinsky could not telephone him directly, 
though she sometimes reached him through Ms. 
Currie.58 Ms. Lewinsky testified: ``[W]e spent hours 
on the phone talking.'' 59 Their telephone 
conversations were ``[s]imilar to what we discussed in person, 
just how we were doing. A lot of discussions about my job, when 
I was trying to come back to the White House and then once I 
decided to move to New York * * *. We talked about everything 
under the sun.'' 60 On 10 to 15 occasions, she and 
the President had phone sex.61 After phone sex late 
one night, the President fell asleep mid-
conversation.62
---------------------------------------------------------------------------
    \57\  Lewinsky 8/6/98 GJ at 21-23; Lewinsky 7/27/98 Int. at 2. See 
also Catherine Davis 3/17/98 GJ at 36; Erbland 2/12/98 GJ at 38-39, 43; 
Finerman 3/18/98 Depo. at 26-29, 110, 116-17; Raines GJ at 51; Tripp 7/
7/98 GJ at 62-63, 65-66; Ungvari 3/19/98 GJ at 81.
    \58\ Lewinsky 8/6/98 GJ at 44; Lewinsky 8/24/98 Int. at 5; Currie 
5/14/98 GJ at 131-32, 136, 141; Currie 7/22/98 GJ at 35, 77.
    \59\ Lewinsky 8/20/98 GJ at 55.
    \60\ Lewinsky 8/6/98 GJ at 23.
    \61\ Lewinsky 8/6/98 GJ at 23-24; Lewinsky 7/27/98 Int. at 2. See 
also Catherine Davis 3/17/98 GJ at 36-37; Erbland 2/12/98 GJ at 38-39; 
Raines 1/29/98 GJ at 51; Ungvari 3/19/98 GJ at 81. Ms. Lewinsky gave 
the President a novel about phone sex, Vox by Nicholson Baker. Lewinsky 
7/27/98 Int. at 13; 1361-DC-00000030 (White House list of books in 
private study, including Vox).
    \62\ Lewinsky 7/30/98 Int. at 15.
---------------------------------------------------------------------------
    On four occasions, the President left very brief messages 
on Ms. Lewinsky's answering machine, though he told her that he 
did not like doing so because (in her recollection) he ``felt 
it was a little unsafe.'' 63 She saved his messages 
and played the tapes for several confidants, who said they 
believed that the voice was the President's.64
---------------------------------------------------------------------------
    \63\ Lewinsky 8/6/98 GJ at 23; Lewinsky 8/20/98 GJ at 6. The 
messages, on tapes that Ms. Lewinsky turned over to the OIC, are as 
follows: ``Aw, shucks.'' ``Hey.'' ``Come on. It's me.'' ``Sorry I 
missed you.'' Lewinsky 8/6/98 GJ at 22-23; Lewinsky 7/29/98 Int. at 3, 
5; Lewinsky 8/3/98 Int. at 6.
    \64\ Lewinsky 8/6/98 GJ at 22-23; Catherine Davis 3/17/98 GJ at 28-
29; Erbland 2/12/98 GJ at 49; Kassorla 8/28/98 Int. at 4; Raines 1/29/
98 GJ at 89; Tripp 7/2/98 GJ at 89; Tripp 7/9/98 GJ at 95-97, 104-105; 
Ungvari 3/19/98 GJ at 31-33.
---------------------------------------------------------------------------
    By phone and in person, according to Ms. Lewinsky, she and 
the President sometimes had arguments. On a number of occasions 
in 1997, she complained that he had not brought her back from 
the Pentagon to work in the White House, as he had promised to 
do after the election.65 In a face-to-face meeting 
on July 4, 1997, the President reprimanded her for a letter she 
had sent him that obliquely threatened to disclose their 
relationship.66 During an argument on December 6, 
1997, according to Ms. Lewinsky, the President said that ``he 
had never been treated as poorly by anyone else as I treated 
him,'' and added that ``he spent more time with me than anyone 
else in the world, aside from his family, friends and staff, 
which I don't know exactly which category that put me in.'' 
67
---------------------------------------------------------------------------
    \65\ Lewinsky 8/6/98 GJ at 67-69.
    \66\ Lewinsky 8/6/98 GJ at 74-75.
    \67\ Lewinsky 8/6/98 GJ at 114.
---------------------------------------------------------------------------
    Testifying before the grand jury, the President confirmed 
that he and Ms. Lewinsky had had personal conversations, and he 
acknowledged that their telephone conversations sometimes 
included ``inappropriate sexual banter.'' 68 The 
President said that Ms. Lewinsky told him about ``her personal 
life,'' ``her upbringing,'' and ``her job ambitions.'' 
69 After terminating their intimate relationship in 
1997, he said, he tried ``to be a friend to Ms. Lewinsky, to be 
a counselor to her, to give her good advice, and to help her.'' 
70
---------------------------------------------------------------------------
    \68\ Clinton 8/17/98 GJ at 10.
    \69\ Clinton 8/17/98 GJ at 47, 51.
    \70\ Clinton 8/17/98 GJ at 47, 124.
---------------------------------------------------------------------------

                                F. Gifts

    Ms. Lewinsky and the President exchanged numerous gifts. By 
her estimate, she gave him about 30 items, and he gave her 
about 18.71 Ms. Lewinsky's first gift to him was a 
matted poem given by her and other White House interns to 
commemorate ``National Boss Day,'' October 24, 
1995.72 This was the only item reflected in White 
House records that Ms. Lewinsky gave the President before (in 
her account) the sexual relationship began, and the only item 
that he sent to the archives instead of keeping.73 
On November 20--five days after the intimate relationship 
began, according to Ms. Lewinsky--she gave him a necktie, which 
he chose to keep rather than send to the archives.74 
According to Ms. Lewinsky, the President telephoned the night 
she gave him the tie, then sent her a photo of himself wearing 
it.75 The tie was logged pursuant to White House 
procedures for gifts to the President.76
---------------------------------------------------------------------------
    \71\ Lewinsky 8/6/98 GJ at 25-26.
    \72\ Lewinsky 7/27/98 Int. at 12. See also MSL-55-DC-0184-186 
(eight-line poem recovered from Ms. Lewinsky's home computer that 
refers to President as ``the Boss with whom we're all smitten'' and 
wishes him ``Happy National Boss Day!'').
    \73\ V006-DC-00000167; V006-DC-00000181 (gift record and donor 
information); V006-DC-00003646 (correspondence history).
    \74\ V006-DC-00000157-158 (gift record and donor information).
    \75\ Lewinsky 8/11/98 Int. at 2; V006-DC-00000178 (autographed 
photo).
    \76\ Few of Ms. Lewinsky's subsequent gifts were logged. Of the 
roughly 30 gifts (including several antiques) that, in her account, she 
gave the President, White House records show only the matted poem from 
interns, two or three neckties (records conflict), and a T-shirt. V006-
DC-00000157; V006-DC-00000162; V006-DC-00000167; V006-DC-00000180; 
V006-DC-00000181; V006-DC-00003714; V006-DC-00003715.
---------------------------------------------------------------------------
    In a draft note to the President in December 1997, Ms. 
Lewinsky wrote that she was ``very particular about presents 
and could never give them to anyone else--they were all bought 
with you in mind.'' 77 Many of the 30 or so gifts 
that she gave the President reflected his interests in history, 
antiques, cigars, and frogs. Ms. Lewinsky gave him, among other 
things, six neckties, an antique paperweight showing the White 
House, a silver tabletop holder for cigars or cigarettes, a 
pair of sunglasses, a casual shirt, a mug emblazoned ``Santa 
Monica,'' a frog figurine, a letter opener depicting a frog, 
several novels, a humorous book of quotations, and several 
antique books.78 He gave her, among other things, a 
hat pin, two brooches, a blanket, a marble bear figurine, and a 
special edition of Walt Whitman's Leaves of Grass.79
---------------------------------------------------------------------------
    \77\ MSL-55-DC-0177.
    \78\ Lewinsky 8/26/98 Depo. at 5-6 & Ex. ML-7. In response to a 
January 20, 1998, subpoena seeking ``any and all gifts * * * to or from 
Monica Lewinsky * * * including * * * any tie, mug, paperweight, book, 
or other article,'' the President turned over a necktie, two antique 
books, a mug, and a silver standing holder for cigars or cigarettes. 
Subpoena V002; V002-DC-00000001; V002-DC-00000469. A subpoena dated 
July 17, 1998, identified specific gifts, including Vox, a novel about 
phone sex by Nicholson Baker that, according to Ms. Lewinsky, she gave 
the President in March 1997. Lewinsky 8/6/98 GJ at 183-84; Lewinsky 7/
27/98 Int. at 13; Subpoena D1415. The President did not produce Vox in 
response to either subpoena, though his attorney represented that ``the 
President has complied with [the] grand jury subpoenas.'' David Kendall 
Letter to OIC, 8/31/98. Vox, however, does appear on an October 1997 
list of books in the President's private study, and Ms. Lewinsky saw it 
in the study on November 13, 1997. 1361-DC-00000030; Lewinsky 8/6/98 GJ 
at 183-84.
    \79\ Lewinsky 8/26/98 Depo. at 5-6 & Ex. ML-7.
---------------------------------------------------------------------------
    Ms. Lewinsky construed it as a sign of affection when the 
President wore a necktie or other item of clothing she had 
given him. She testified: ``I used to say to him that `I like 
it when you wear my ties because then I know I'm close to your 
heart.' So--literally and figuratively.'' 80 The 
President was aware of her reaction, according to Ms. Lewinsky, 
and he would sometimes wear one of the items to reassure her--
occasionally on the day they were scheduled to meet or the day 
after they had met in person or talked by 
telephone.81 The President would sometimes say to 
her, ``Did you see I wore your tie the other day?'' 
82
---------------------------------------------------------------------------
    \80\ Lewinsky 8/20/98 GJ at 36. See also Lewinsky 8/6/98 GJ at 236; 
Catherine Davis 3/17/98 GJ at 153.
    \81\ Lewinsky 8/6/98 GJ at 236; Lewinsky 8/20/98 GJ at 36; Lewinsky 
8/3/98 Int. at 8; Lewinsky 8/11/98 Int. at 2-3. For example, one day 
after the President and Ms. Lewinsky talked by telephone on February 7, 
1996, and one day after they talked on August 4, 1996, he wore a 
necktie she had given him. Lewinsky 8/5/98 Int. at 1; Lewinsky 8/11/98 
Int. at 2-3.
    \82\ Lewinsky 8/6/98 GJ at 236.
---------------------------------------------------------------------------
    In his grand jury testimony, the President acknowledged 
that he had exchanged a number of gifts with Ms. Lewinsky. 
After their intimate relationship ended in 1997, he testified, 
``[S]he continued to give me gifts. And I felt that it was a 
right thing to do to give her gifts back.'' 83
---------------------------------------------------------------------------
    \83\  Clinton 8/17/98 GJ at 47. See also id. at 33-36, 43-46.
---------------------------------------------------------------------------

                              G. Messages

    According to Ms. Lewinsky, she sent the President a number 
of cards and letters. In some, she expressed anger that he was 
``not paying enough attention to me''; in others, she said she 
missed him; in still others, she just sent ``a funny card that 
I saw.'' 84 In early January 1998, she sent him, 
along with an antique book about American presidents, ``[a]n 
embarrassing mushy note.'' 85 She testified that the 
President never sent her any cards or notes other than formal 
thank-you letters.86
---------------------------------------------------------------------------
    \84\ Lewinsky 8/6/98 GJ at 26.
    \85\ Lewinsky 8/6/98 GJ at 189.
    \86\ Lewinsky 8/6/98 GJ at 26-27.
---------------------------------------------------------------------------
    Testifying before the grand jury, the President 
acknowledged having received cards and notes from Ms. Lewinsky 
that were ``somewhat intimate'' and ``quite affectionate,'' 
even after the intimate relationship ended.87
---------------------------------------------------------------------------
    \87\ Clinton 8/17/98 GJ at 48-49. In the Jones deposition, in 
contrast, the President was asked if he remembered anything written in 
Ms. Lewinsky's notes or cards to him. He testified: ``No. Sometimes, 
you know, just either small talk or happy birthday or sometimes, you 
know, a suggestion about how to get more young people involved in some 
project I was working on. Nothing remarkable. I don't remember anything 
particular about it.'' Clinton 1/17/98 Depo. at 62.
---------------------------------------------------------------------------

                               H. Secrecy

1. Mutual Understanding

    Both Ms. Lewinsky and the President testified that they 
took steps to maintain the secrecy of the relationship. 
According to Ms. Lewinsky, the President from the outset 
stressed the importance of keeping the relationship secret. In 
her handwritten statement to this Office, Ms. Lewinsky wrote 
that ``the President told Ms. L to deny a relationship, if ever 
asked about it. He also said something to the effect of if the 
two people who are involved say it didn't happen--it didn't 
happen.'' 88 According to Ms. Lewinsky, the 
President sometimes asked if she had told anyone about their 
sexual relationship or about the gifts they had exchanged; she 
(falsely) assured him that she had not. 89 She told 
him that ``I would always deny it, I would always protect 
him,'' and he responded approvingly. 90 The two of 
them had, in her words, ``a mutual understanding'' that they 
would ``keep this private, so that meant deny it and * * * take 
whatever appropriate steps needed to be taken.'' 91 
When she and the President both were subpoenaed to testify in 
the Jones case, Ms. Lewinsky anticipated that ``as we had on 
every other occasion and every other instance of this 
relationship, we would deny it.'' 92
---------------------------------------------------------------------------
    \88\ Lewinsky 2/1/98 Statement at 10. See also Lewinsky 8/20/98 GJ 
at 62-63; Lewinsky 8/6/98 GJ at 141-42, 178-79. Ms. Lewinsky once told 
Betty Currie: ``As long as no one saw us--and no one did--then nothing 
happened.'' Currie 1/27/98 GJ at 63-64.
    \89\ Lewinsky 8/6/98 GJ at 78, 97-101; Lewinsky 7/27/98 Int. at 3.
    \90\ Lewinsky 8/20/98 GJ at 22. See also Lewinsky 7/27/98 Int. at 9 
(President assumed Ms. Lewinsky's Jones affidavit would be a denial, 
since their pattern had been to conceal and deny).
    \91\ Lewinsky 8/20/98 GJ at 4; Lewinsky 8/6/98 GJ at 166-67. See 
also Lewinsky 7/27/98 Int. at 9-10, 12.
    \92\ Lewinsky 8/6/98 GJ at 234.
---------------------------------------------------------------------------
    In his grand jury testimony, the President confirmed his 
efforts to keep their liaisons secret.93 He said he 
did not want the facts of their relationship to be disclosed 
``in any context,'' and added: ``I certainly didn't want this 
to come out, if I could help it. And I was concerned about 
that. I was embarrassed about it. I knew it was wrong.'' 
94 Asked if he wanted to avoid having the facts come 
out through Ms. Lewinsky's testimony in Jones, he said: ``Well, 
I did not want her to have to testify and go through that. And, 
of course, I didn't want her to do that, of course not.'' 
95
---------------------------------------------------------------------------
    \93\ Clinton 8/17/98 GJ at 38.
    \94\ Clinton 8/17/98 GJ at 38, 119. See also id. at 80, 119, 136, 
153.
    \95\  Clinton 8/17/98 GJ at 37.
---------------------------------------------------------------------------

                            2. Cover Stories

    For her visits to see the President, according to Ms. 
Lewinsky, ``[T]here was always some sort of a cover.'' 
96 When visiting the President while she worked at 
the White House, she generally planned to tell anyone who asked 
(including Secret Service officers and agents) that she was 
delivering papers to the President.97 Ms. Lewinsky 
explained that this artifice may have originated when ``I got 
there kind of saying, `Oh, gee, here are your letters,' wink, 
wink, wink, and him saying, `Okay, that's good.' '' 
98 To back up her stories, she generally carried a 
folder on these visits. 99 (In truth, according to 
Ms. Lewinsky, her job never required her to deliver papers to 
the President. 100) On a few occasions during her 
White House employment, Ms. Lewinsky and the President arranged 
to bump into each other in the hallway; he then would invite 
her to accompany him to the Oval Office. 101 Later, 
after she left the White House and started working at the 
Pentagon, Ms. Lewinsky relied on Ms. Currie to arrange times 
when she could see the President. The cover story for those 
visits was that Ms. Lewinsky was coming to see Ms. Currie, not 
the President.102
---------------------------------------------------------------------------
    \96\ Lewinsky 8/6/98 GJ at 53-54. See also Lewinsky 7/27/98 Int. at 
2, 11; Lewinsky 8/19/98 Int. at 4; Lewinsky 2/1/98 Statement at 1.
    \97\ Lewinsky 8/6/98 GJ at 53-54.
    \98\ Lewinsky 8/6/98 GJ at 54.
    \99\ Lewinsky 8/6/98 GJ at 54-55; Lewinsky 7/30/98 Int. at 10.
    \100\ Lewinsky 8/6/98 GJ at 54-55.
    \101\ Lewinsky 8/6/98 GJ at 18, 53-54.
    \102\  Lewinsky 8/6/98 GJ at 18-19; Lewinsky 2/1/98 Statement at 1.
---------------------------------------------------------------------------
    While the President did not expressly instruct her to lie, 
according to Ms. Lewinsky, he did suggest misleading cover 
stories.103 And, when she assured him that she 
planned to lie about the relationship, he responded 
approvingly. On the frequent occasions when Ms. Lewinsky 
promised that she would ``always deny'' the relationship and 
``always protect him,'' for example, the President responded, 
in her recollection, `` `That's good,' or--something 
affirmative. * * * [N]ot--`Don't deny it.' '' 104
---------------------------------------------------------------------------
    \103\ Lewinsky 8/20/98 GJ at 105; Lewinsky 2/1/98 Statement at 1.
    \104\  Lewinsky 8/20/98 GJ at 22.
---------------------------------------------------------------------------
    Once she was named as a possible witness in the Jones case, 
according to Ms. Lewinsky, the President reminded her of the 
cover stories. After telling her that she was a potential 
witness, the President suggested that, if she were subpoenaed, 
she could file an affidavit to avoid being deposed. He also 
told her she could say that, when working at the White House, 
she had sometimes delivered letters to him, and, after leaving 
her White House job, she had sometimes returned to visit Ms. 
Currie. 105 (The President's own testimony in the 
Jones case mirrors the recommendations he made to Ms. Lewinsky 
for her testimony. In his deposition, the President testified 
that he saw Ms. Lewinsky ``on two or three occasions'' during 
the November 1995 government furlough, ``one or two other times 
when she brought some documents to me,'' and ``sometime before 
Christmas'' when Ms. Lewinsky ``came by to see Betty.'' 
106)
---------------------------------------------------------------------------
    \105\ Lewinsky 2/1/98 Statement at 4; Lewinsky 8/6/98 GJ at 123, 
233.
    \106\ Clinton 1/17/98 Depo. at 50-51, 68.
---------------------------------------------------------------------------
    In his grand jury testimony, the President acknowledged 
that he and Ms. Lewinsky ``might have talked about what to do 
in a nonlegal context'' to hide their relationship, and that he 
``might well have said'' that Ms. Lewinsky should tell people 
that she was bringing letters to him or coming to visit Ms. 
Currie.107 But he also stated that ``I never asked 
Ms. Lewinsky to lie.'' 108
---------------------------------------------------------------------------
    \107\ Clinton 8/17/98 GJ at 118-19.
    \108\ Clinton 8/17/98 GJ at 119. The President did not elaborate on 
his understanding of the words ``ask[]'' or ``lie'' in that statement. 
In other exchanges, he indicated that he construes some words narrowly. 
Id. at 59 (accuracy of particular statement ``depends on what the 
meaning of the word `is' is''); id. at 107 (``I have not had sex with 
her as I defined it''); id. at 134 (``it depends on how you define 
alone''); id. (``there were a lot of times when we were alone, but I 
never really thought we were'').
---------------------------------------------------------------------------

3. Steps to Avoid Being Seen or Heard

    After their first two sexual encounters during the November 
1995 government shutdown, according to Ms. Lewinsky, her 
encounters with the President generally occurred on weekends, 
when fewer people were in the West Wing.109 Ms. 
Lewinsky testified:
---------------------------------------------------------------------------
    \109\ Lewinsky 8/6/98 GJ at 47. Along with weekend visits, Ms. 
Lewinsky sometimes saw the President on holidays: New Year's Eve, 
President's Day, Easter Sunday, July 4. In November 1997, she grew 
irritated that the President did not arrange to see her on Veterans 
Day. Lewinsky 9/3/98 Int. at 2.

        He had told me * * * that he was usually around on the 
        weekends and that it was okay to come see him on the 
        weekends. So he would call and we would arrange either 
        to bump into each other in the hall or that I would 
        bring papers to the office. 110
---------------------------------------------------------------------------
    \110\ Lewinsky 8/6/98 GJ at 18. See also Lewinsky 8/20/98 GJ at 7, 
22.

From some of the President's comments, Ms. Lewinsky gathered 
that she should try to avoid being seen by several White House 
employees, including Nancy Hernreich, Deputy Assistant to the 
President and Director of Oval Office Operations, and Stephen 
Goodin, the President's personal aide.111
---------------------------------------------------------------------------
    \111\ Lewinsky 8/6/98 GJ at 84-85; Lewinsky 8/20/98 GJ at 7. Ms. 
Lewinsky told friends about White House people she tried to avoid. 
Tripp 6/30/98 GJ at 159-60, 164; Tripp 7/14/98 GJ at 75; T1 at 32; 
1037-DC-00000318 (email from Ms. Lewinsky).
---------------------------------------------------------------------------
    Out of concern about being seen, the sexual encounters most 
often occurred in the windowless hallway outside the 
study.112 According to Ms. Lewinsky, the President 
was concerned that the two of them might be spotted through a 
White House window. When they were in the study together in the 
evenings, he sometimes turned out the light.113 
Once, when she spotted a gardener outside the study window, 
they left the room.114 Ms. Lewinsky testified that, 
on December 28, 1997, ``when I was getting my Christmas kiss'' 
in the doorway to the study, the President was ``looking out 
the window with his eyes wide open while he was kissing me and 
then I got mad because it wasn't very romantic.'' He responded, 
``Well, I was just looking to see to make sure no one was out 
there.'' 115
---------------------------------------------------------------------------
    \112\ Lewinsky 8/6/98 GJ at 34-35; Lewinsky 8/20/98 GJ at 16-17; 
Lewinsky 7/31/98 Int. at 4. The study is one of the most private rooms 
in the White House. Fox 2/17/98 GJ at 76. See also Chinery 7/23/98 GJ 
at 52; Currie 5/6/98 GJ at 67; Ferguson 7/17/87 GJ at 32, 38; Maes 4/8/
98 GJ at 89-90; Podesta 6/23/98 GJ at 72.
    \113\ Lewinsky 7/31/98 Int. at 4.
    \114\ Lewinsky 8/4/98 Int. at 4.
    \115\ Lewinsky 8/6/98 GJ at 36. See also Lewinsky 7/31/98 Int. at 
4.
---------------------------------------------------------------------------
    Fear of discovery constrained their sexual encounters in 
several respects, according to Ms. Lewinsky. The President 
ordinarily kept the door between the private hallway and the 
Oval Office several inches ajar during their encounters, both 
so that he could hear if anyone approached and so that anyone 
who did approach would be less likely to suspect 
impropriety.116 During their sexual encounters, Ms. 
Lewinsky testified, ``[W]e were both aware of the volume and 
sometimes * * * I bit my hand--so that I wouldn't make any 
noise.'' 117 On one occasion, according to Ms. 
Lewinsky, the President put his hand over her mouth during a 
sexual encounter to keep her quiet.118 Concerned 
that they might be interrupted abruptly, according to Ms. 
Lewinsky, the two of them never fully undressed.119
---------------------------------------------------------------------------
    \116\ Lewinsky 8/6/98 GJ at 36-37; Lewinsky 7/27/98 Int. at 2. 
According to a Secret Service officer who entered the Oval Office when 
the President and Ms. Lewinsky were in or near the study, the door 
leading from the Oval Office to the hallway was slightly ajar. Muskett 
7/21/98 GJ at 36-37, 39. In his Jones deposition, the President was 
asked if there are doors at both ends of the hallway. He responded: 
``[There] are, and they're always open.'' Clinton 1/17/98 Depo. at 59. 
In early 1998, in the course of denying any sexual relationship with 
Ms. Lewinsky, the President repeatedly told Deputy Chief of Staff John 
Podesta that ``the door was open.'' Podesta 6/16/98 GJ at 88-89.
    \117\ Lewinsky 8/6/98 GJ at 56. See also Lewinsky 7/31/98 Int. at 
3.
    \118\ Lewinsky 7/31/98 Int. at 3.
    \119\ Lewinsky 8/26/98 Depo. at 44-45; Lewinsky 7/30/98 Int. at 9; 
Lewinsky 7/31/98 Int. at 4. Ms. Lewinsky also testified about various 
steps she took on her own to ensure that the relationship remained 
secret, such as using different doors to enter and depart the Oval 
Office area, avoiding the President at a White House party, and 
referring to the President as ``her'' in pages to Betty Currie. 
Lewinsky 8/6/98 GJ at 44-45, 57, 218; Lewinsky 8/20/98 GJ at 5-6, 18; 
Lewinsky 7/29/98 Int. at 2-3.
---------------------------------------------------------------------------
    While noting that ``the door to the hallway was always 
somewhat open,'' the President testified that he did try to 
keep the intimate relationship secret: ``I did what people do 
when they do the wrong thing. I tried to do it where nobody 
else was looking at it.'' 120
---------------------------------------------------------------------------
    \120\ Clinton 8/17/98 GJ at 38. See also id. at 53 (to President's 
knowledge, Ms. Currie did not see intimate activity between President 
and Ms. Lewinsky); id. at 54 (``I'd have to be an exhibitionist not to 
have tried to exclude everyone else.'').
---------------------------------------------------------------------------

4. Ms. Lewinsky's Notes and Letters

    The President expressed concern about documents that might 
hint at an improper relationship between them, according to Ms. 
Lewinsky. He cautioned her about messages she sent:

        There were * * * some occasions when I sent him cards 
        or notes that I wrote things that he deemed too 
        personal to put on paper just in case something ever 
        happened, if it got lost getting there or someone else 
        opened it. So there were several times when he remarked 
        to me, you know, you shouldn't put that on 
        paper.121
---------------------------------------------------------------------------
    \121\ Lewinsky 8/6/98 GJ at 56.

She said that the President made this point to her in their 
last conversation, on January 5, 1998, in reference to what she 
characterized as ``[a]n embarrassing mushy note'' she had sent 
him.122 In addition, according to Ms. Lewinsky, the 
President expressed concerns about official records that could 
establish aspects of their relationship. She said that on two 
occasions she asked the President if she could go upstairs to 
the Residence with him. No, he said, because a record is kept 
of everyone who accompanies him there.123
---------------------------------------------------------------------------
    \122\ Lewinsky 8/6/98 GJ at 189, 198. See also Lewinsky 8/2/98 Int. 
at 3. The President was under a legal obligation to turn this note over 
to the Jones attorneys but failed to do so.
    \123\ Lewinsky 8/24/98 Int. at 8.
---------------------------------------------------------------------------
    The President testified before the grand jury: ``I remember 
telling her she should be careful what she wrote, because a lot 
of it was clearly inappropriate and would be embarrassing if 
somebody else read it.'' 124
---------------------------------------------------------------------------
    \124\ Clinton 8/17/98 GJ at 50. See also id. at 130-131.
---------------------------------------------------------------------------

5. Ms. Lewinsky's Evaluation of Their Secrecy Efforts

    In two conversations recorded after she was subpoenaed in 
the Jones case, Ms. Lewinsky expressed confidence that her 
relationship with the President would never be discovered. 
125 She believed that no records showed her and the 
President alone in the area of the study. 126 
Regardless of the evidence, in any event, she would continue 
denying the relationship. ``If someone looked in the study 
window, it's not me,'' she said. 127 If someone 
produced tapes of her telephone calls with the President, she 
would say they were fakes. 128
---------------------------------------------------------------------------
    \125\ One of these tapes, T30, is a face-to-face conversation 
between Ms. Tripp and Ms. Lewinsky, recorded under FBI auspices. The 
other, T22, is a telephone conversation between Ms. Tripp and Ms. 
Lewinsky, recorded by Ms. Tripp.
    From these and other transcripts of recorded conversations, the OIC 
has redacted various brief, irrelevant, and gratuitous passages, mostly 
references to Ms. Lewinsky's family members. Most of these redactions 
are only a word or two long; others are somewhat longer. The tapes 
themselves have not been edited by the OIC, and the OIC will provide 
unredacted transcripts if the House of Representatives so requests.
    Ms. Tripp produced to the OIC 27 tapes (four of which proved 
inaudible or blank) of her telephone conversations with Ms. Lewinsky. 
Ms. Tripp testified that she turned over the original recordings. She 
testified that she knew nothing about any duplications of the 
recordings, though others had access to or control over the tapes at 
times before they were turned over. According to a preliminary FBI 
examination, several of the 23 tapes containing audible conversations 
exhibit signs of duplication, and one tape exhibiting signs of 
duplication was produced by a recorder that was stopped and restarted 
during the recording process. These preliminary results raise questions 
about the reliability and authenticity of at least one recording, which 
in turn raise questions about the accuracy of Ms. Tripp's testimony 
regarding her handling of the tapes. The OIC is continuing to 
investigate this matter. This Referral does not quote or rely on any 
tapes that exhibit signs of duplication. For a fuller discussion, see 
Appendix, Tab I.
    \126\  T30 at 41.
    \127\  T30 at 41.
    \128\  T30 at 41-42.
---------------------------------------------------------------------------
    In another recorded conversation, Ms. Lewinsky said she was 
especially comforted by the fact that the President, like her, 
would be swearing under oath that ``nothing happened.'' 
129 She said:
---------------------------------------------------------------------------
    \129\  T22 at 12.

          [T]o tell you the truth, I'm not concerned all that 
        much anymore because I know I'm not going to get in 
        trouble. I will not get in trouble because you know 
        what? The story I've signed under--under oath is what 
        someone else is saying under oath. 130
---------------------------------------------------------------------------
    \130\ T22 at 12.

                  II. 1995: Initial Sexual Encounters

    Monica Lewinsky began her White House employment as an 
intern in the Chief of Staff's office in July 1995. At White 
House functions in the following months, she made eye contact 
with the President. During the November 1995 government 
shutdown, the President invited her to his private study, where 
they kissed. Later that evening, they had a more intimate 
sexual encounter. They had another sexual encounter two days 
later, and a third one on New Year's Eve.

        a. overview of monica lewinsky's white house employment

    Monica Lewinsky worked at the White House, first as an 
intern and then as an employee, from July 1995 to April 1996. 
With the assistance of family friend Walter Kaye, a prominent 
contributor to political causes, she obtained an internship 
starting in early July, when she was 21 years 
old.131 She was assigned to work on correspondence 
in the office of Chief of Staff Leon Panetta in the Old 
Executive Office Building.132
---------------------------------------------------------------------------
    \131\ 828-DC-00000012 (resume); Lewinsky 7/27/98 Int. at 1; Walter 
Kaye 5/21/98 GJ at 34, 51-52; Marcia Lewis 4/3/98 Depo. at 90; Abramson 
2/20/98 Int. at 1; Footlik 3/19/98 Int. at 1; 827-DC-00000003 (White 
House entry records for Ms. Lewinsky). President Clinton testified that 
Mr. Kaye is ``a good friend of mine and a good friend of our 
administration.'' Clinton 1/17/98 Depo. at 61. Ms. Lewinsky turned 22 
on July 23. 812-DC-00000002 (passport showing birthdate).
    \132\ Lewinsky 8/6/98 GJ at 8; Lewinsky 8/20/98 GJ at 8; Bobowick 
2/12/98 Int. at 1; Currie 1/27/98 GJ at 23-24; Panetta 1/28/98 GJ at 
121-23; Palmieri 2/24/98 GJ at 12; V006-DC-00000020 (White House 
employee data form).
---------------------------------------------------------------------------
    As her internship was winding down, Ms. Lewinsky applied 
for a paying job on the White House staff. She interviewed with 
Timothy Keating, Special Assistant to the President and Staff 
Director for Legislative Affairs.133 Ms. Lewinsky 
accepted a position dealing with correspondence in the Office 
of Legislative Affairs on November 13, 1995, but did not start 
the job (and, thus, continued her internship) until November 
26.134 She remained a White House employee until 
April 1996, when--in her view, because of her intimate 
relationship with the President--she was dismissed from the 
White House and transferred to the Pentagon.135
---------------------------------------------------------------------------
    \133\ Lewinsky 8/3/98 Int. at 2.
    \134\ Lewinsky 8/3/98 Int. at 2; 828-DC-00000012 (resume); V006-DC-
00000225 (employment approval for the Legislative Affairs Office); 
V006-DC-00000198 (1995 White House intern directory); V006-DC-00002287 
(record of Ms. Lewinsky's transfer).
    \135\ Lewinsky 8/26/98 Depo. at 60.
---------------------------------------------------------------------------

                  b. first meetings with the president

    The month after her White House internship began, Ms. 
Lewinsky and the President began what she characterized as 
``intense flirting.'' 136 At departure ceremonies 
and other events, she made eye contact with him, shook hands, 
and introduced herself.137 When she ran into the 
President in the West Wing basement and introduced herself 
again, according to Ms. Lewinsky, he responded that he already 
knew who she was.138 Ms. Lewinsky told her aunt that 
the President ``seemed attracted to her or interested in her or 
something,'' and told a visiting friend that ``she was 
attracted to [President Clinton], she had a big crush on him, 
and I think she told me she at some point had gotten his 
attention, that there was some mutual eye contact and 
recognition, mutual acknowledgment.'' 139
---------------------------------------------------------------------------
    \136\ Lewinsky 8/6/98 GJ at 10.
    \137\ Lewinsky 8/6/98 GJ at 9; Lewinsky 7/27/98 Int. at 2; Lewinsky 
8/3/98 Int. at 1; V006-DC-00001826 (photo showing President and Ms. 
Lewinsky).
    \138\ Lewinsky 8/26/98 Depo. at 16-17 & Ex. ML-7.
    \139\ Finerman 3/18/98 Depo. at 10-11; Ungvari 3/19/98 GJ at 15-17.
---------------------------------------------------------------------------
    In the autumn of 1995, an impasse over the budget forced 
the federal government to shut down for one week, from Tuesday, 
November 14, to Monday, November 20.140 Only 
essential federal employees were permitted to work during the 
furlough, and the White House staff of 430 shrank to about 90 
people for the week. White House interns could continue working 
because of their unpaid status, and they took on a wide range 
of additional duties.141
---------------------------------------------------------------------------
    \140\ Facts on File 852, 868 (1995).
    \141\ Washington Post, 11/20/95 at A19; Los Angeles Times, 11/14/95 
at A15; USA Today, 11/17/95 at 4A.
---------------------------------------------------------------------------
    During the shutdown, Ms. Lewinsky worked in Chief of Staff 
Panetta's West Wing office, where she answered phones and ran 
errands.142 The President came to Mr. Panetta's 
office frequently because of the shutdown, and he sometimes 
talked with Ms. Lewinsky.143 She characterized these 
encounters as ``continued flirtation.'' 144 
According to Ms. Lewinsky, a Senior Adviser to the Chief of 
Staff, Barry Toiv, remarked to her that she was getting a great 
deal of ``face time'' with the President.145
---------------------------------------------------------------------------
    \142\ Lewinsky 8/6/98 GJ at 10-11; Byrne 6/25/98 Depo. at 18; Byrne 
7/30/98 GJ at 36; Palmieri 2/24/98 GJ at 16-19; Panetta 1/28/98 GJ at 
122.
    \143\ Goodin 2/17/98 GJ at 48-50; Griffin 5/11/98 Int. at 1; 
Lewinsky 8/6/98 GJ at 10-11; Palmieri 2/24/98 GJ at 20-22; Raines 1/29/
98 GJ at 35-36; V006-DC-00003737-3744 (White House photos showing 
President and Ms. Lewinsky during furlough).
    \144\ Lewinsky 8/6/98 GJ at 11.
    \145\ Lewinsky 8/3/98 Int. at 2; Barry Toiv 3/11/98 Int. at 1 (job 
title).
---------------------------------------------------------------------------

                    c. november 15 sexual encounter

    Ms. Lewinsky testified that Wednesday, November 15, 1995--
the second day of the government shutdown--marked the beginning 
of her sexual relationship with the President.146 On 
that date, she entered the White House at 1:30 p.m., left 
sometime thereafter (White House records do not show the time), 
reentered at 5:07 p.m., and departed at 12:18 a.m. on November 
16.147 The President was in the Oval Office or the 
Chief of Staff's office (where Ms. Lewinsky worked during the 
furlough) for almost the identical period that Ms. Lewinsky was 
in the White House that evening, from 5:01 p.m. on November 15 
to 12:35 a.m. on November 16.148
---------------------------------------------------------------------------
    \146\ Lewinsky 8/6/98 GJ at 10; Lewinsky 7/27/98 Int. at 1-2. She 
told others that her physical relationship with the President began 
during the November 1995 shutdown. Raines 1/29/98 GJ at 38; Tripp 7/2/
98 GJ at 38-39. To one friend, Ms. Lewinsky specified that the 
relationship began on November 15, 1995. Tripp 6/30/98 GJ at 138; Tripp 
7/2/98 GJ at 38-39, 80-82.
    \147\ 827-DC-00000008. According to records, it was one of only two 
times during Ms. Lewinsky's tenure at the White House that she exited 
after midnight. 827-DC-00000003-16. (The other post-midnight exit was 
not during the furlough; it was the night of December 6-7, 1995.) As 
the omission of Ms. Lewinsky's November 15 afternoon exit time 
illustrates, White House Epass and WAVES records do not reflect all 
entries and exits of staff and visitors. Secret Service Representatives 
Barry Smith et al. 3/16/98 Int. at 3-5. See also Appendix, Tab I.
    \148\ 1222-DC-00000156, 1222-DC-00000083-85 (movement logs). Times 
are approximate, as different logs of the President's movements 
sometimes vary by a few minutes. With occasional exceptions, these logs 
do not distinguish the President's private study from the Oval Office.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, she and the President made eye 
contact when he came to the West Wing to see Mr. Panetta and 
Deputy Chief of Staff Harold Ickes, then again later at an 
informal birthday party for Jennifer Palmieri, Special 
Assistant to the Chief of Staff.149 At one point, 
Ms. Lewinsky and the President talked alone in the Chief of 
Staff's office. In the course of flirting with him, she raised 
her jacket in the back and showed him the straps of her thong 
underwear, which extended above her pants.150
---------------------------------------------------------------------------
    \149\ Lewinsky 7/27/98 Int. at 2; Lewinsky 8/24/98 Int. at 5.
    \150\ Lewinsky 7/30/98 Int. at 5; Lewinsky 8/11/98 Int. at 7; 
Erbland 2/12/98 GJ at 24-25.
---------------------------------------------------------------------------
    En route to the restroom at about 8 p.m., she passed George 
Stephanopoulos's office. The President was inside alone, and he 
beckoned her to enter.151 She told him that she had 
a crush on him. He laughed, then asked if she would like to see 
his private office.152 Through a connecting door in 
Mr. Stephanopoulos's office, they went through the President's 
private dining room toward the study off the Oval Office. Ms. 
Lewinsky testified: ``We talked briefly and sort of 
acknowledged that there had been a chemistry that was there 
before and that we were both attracted to each other and then 
he asked me if he could kiss me.'' Ms. Lewinsky said yes. In 
the windowless hallway adjacent to the study, they 
kissed.153 Before returning to her desk, Ms. 
Lewinsky wrote down her name and telephone number for the 
President.154
---------------------------------------------------------------------------
    \151\ Lewinsky 8/6/98 GJ at 11; Lewinsky 7/27/98 Int. at 2; 
Lewinsky 7/30/98 Int. at 5.
    \152\ Lewinsky 8/6/98 GJ at 11; Lewinsky 7/27/98 Int. at 2; 
Lewinsky 7/30/98 Int. at 5.
    \153\ Lewinsky 8/6/98 GJ at 11; Lewinsky 8/26/98 Depo. at 7. Ms. 
Lewinsky later told confidants that the relationship began with 
kissing. Catherine Davis 3/17/98 GJ at 19; Finerman 3/18/98 Depo. at 
31-35; Tripp 7/7/98 GJ at 151-52.
    \154\ Lewinsky 7/30/98 Int. at 5.
---------------------------------------------------------------------------
    At about 10 p.m., in Ms. Lewinsky's recollection, she was 
alone in the Chief of Staff's office and the President 
approached.155 He invited her to rendezvous again in 
Mr. Stephanopoulos's office in a few minutes, and she 
agreed.156 (Asked if she knew why the President 
wanted to meet with her, Ms. Lewinsky testified: ``I had an 
idea.'' 157) They met in Mr. Stephanopoulos's office 
and went again to the area of the private study.158 
This time the lights in the study were off.159
---------------------------------------------------------------------------
    \155\ Lewinsky 8/26/98 Depo. at 7.
    \156\ Lewinsky 8/6/98 GJ at 12; Lewinsky 7/30/98 Int. at 5.
    \157\ Lewinsky 8/26/98 Depo. at 7.
    \158\ Lewinsky 8/26/98 Depo. at 7; Lewinsky 8/6/98 GJ at 12, 13.
    \159\ Lewinsky 8/26/98 Depo. at 8; Lewinsky 7/30/98 Int. at 5.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, she and the President kissed. 
She unbuttoned her jacket; either she unhooked her bra or he 
lifted her bra up; and he touched her breasts with his hands 
and mouth.160 Ms. Lewinsky testified: ``I believe he 
took a phone call * * * and so we moved from the hallway into 
the back office. * * * [H]e put his hand down my pants and 
stimulated me manually in the genital area.'' 161 
While the President continued talking on the phone (Ms. 
Lewinsky understood that the caller was a Member of Congress or 
a Senator), she performed oral sex on him.162 He 
finished his call, and, a moment later, told Ms. Lewinsky to 
stop. In her recollection: ``I told him that I wanted * * * to 
complete that. And he said * * * that he needed to wait until 
he trusted me more. And then I think he made a joke * * * that 
he hadn't had that in a long time.'' 163
---------------------------------------------------------------------------
    \160\ Lewinsky 8/26/98 Depo. at 7-8.
    \161\ Lewinsky 8/26/98 Depo. at 8. See also id. at 21. Earlier in 
the evening, Ms. Lewinsky had removed her underwear. Lewinsky Int. 9/3/
98 at 1.
    \162\ Lewinsky 8/6/98 GJ at 12-14; Lewinsky 8/26/98 Depo. at 9-10; 
Lewinsky 7/30/98 Int. at 6.
    \163\ Lewinsky 8/26/98 Depo. at 10.
---------------------------------------------------------------------------
    Both before and after their sexual contact during that 
encounter, Ms. Lewinsky and the President talked.164 
At one point during the conversation, the President tugged on 
the pink intern pass hanging from her neck and said that it 
might be a problem. Ms. Lewinsky thought that he was talking 
about access--interns were not supposed to be in the West Wing 
without an escort--and, in addition, that he might have 
discerned some ``impropriety'' in a sexual relationship with a 
White House intern.165
---------------------------------------------------------------------------
    \164\ Lewinsky 8/26/98 Depo. at 11.
    \165\ Lewinsky 9/3/98 Int. at 3; Lewinsky 8/24/98 Int. at 5; 
Lewinsky 7/30/98 Int. at 6.
---------------------------------------------------------------------------
    White House records corroborate details of Ms. Lewinsky's 
account. She testified that her November 15 encounters with the 
President occurred at about 8 p.m. and 10 p.m., and that in 
each case the two of them went from the Chief of Staff's office 
to the Oval Office area.166 Records show that the 
President visited the Chief of Staff's office for one minute at 
8:12 p.m. and for two minutes at 9:23 p.m., in each case 
returning to the Oval Office.167 She recalled that 
the President took a telephone call during their sexual 
encounter, and she believed that the caller was a Member of 
Congress or a Senator.168 White House records show 
that after returning to the Oval Office from the Chief of 
Staff's office, the President talked to two Members of 
Congress: Rep. Jim Chapman from 9:25 p.m. to 9:30 p.m., and 
Rep. John Tanner from 9:31 p.m. to 9:35 p.m.169
---------------------------------------------------------------------------
    \166\ Lewinsky 8/6/98 GJ at 11-12; Lewinsky 8/26/98 Depo. at 7.
    \167\ 1362-DC-00000549 (movement logs).
    \168\ Lewinsky 7/30/98 Int. at 6.
    \169\ 1472-DC-00000006-08. Starting 11 minutes later, the President 
talked with other Members of Congress. Id.
---------------------------------------------------------------------------

                    D. November 17 Sexual Encounter

    According to Ms. Lewinsky, she and the President had a 
second sexual encounter two days later (still during the 
government furlough), on Friday, November 17. She was at the 
White House until 8:56 p.m., then returned from 9:38 to 10:39 
p.m.170 At 9:45 p.m., a few minutes after Ms. 
Lewinsky's reentry, the President went from the Oval Office to 
the Chief of Staff's office (where Ms. Lewinsky worked during 
the furlough) for one minute, then returned to the Oval Office 
for 30 minutes. From there, he went back to the Chief of 
Staff's office until 10:34 p.m. (approximately when Ms. 
Lewinsky left the White House), then went by the Oval Office 
and the Ground Floor before retiring to the Residence at 10:40 
p.m.171
---------------------------------------------------------------------------
    \170\ 827-DC-00000008 (Epass records).
    \171\ 1222-DC-00000085 (movement logs).
---------------------------------------------------------------------------
    Ms. Lewinsky testified:

          We were again working late because it was during the 
        furlough and Jennifer Palmieri * * * had ordered pizza 
        along with Ms. Currie and Ms. Hernreich. And when the 
        pizza came, I went down to let them know that the pizza 
        was there and it was at that point when I walked into 
        Ms. Currie's office that the President was standing 
        there with some other people discussing something.
          And they all came back to the office and Mr.--I think 
        it was Mr. Toiv, somebody accidentally knocked pizza on 
        my jacket, so I went to go use the restroom to wash it 
        off and as I was coming out of the restroom, the 
        President was standing in Ms. Currie's doorway and 
        said, ``You can come out this way.'' 172
---------------------------------------------------------------------------
    \172\ Lewinsky 8/6/98 GJ at 14. See also Lewinsky 7/30/98 Int. at 
6-7.

Ms. Lewinsky and the President went into the area of the 
private study, according to Ms. Lewinsky. There, either in the 
hallway or the bathroom, she and the President kissed. After a 
few minutes, in Ms. Lewinsky's recollection, she told him that 
she needed to get back to her desk. The President suggested 
that she bring him some slices of pizza.173
---------------------------------------------------------------------------
    \173\ Lewinsky 8/6/98 GJ at 14-15; Lewinsky 7/30/98 Int. at 7.
---------------------------------------------------------------------------
    A few minutes later, she returned to the Oval Office area 
with pizza and told Ms. Currie that the President had requested 
it. Ms. Lewinsky testified: ``[Ms. Currie] opened the door and 
said, `Sir, the girl's here with the pizza.' He told me to come 
in. Ms. Currie went back into her office and then we went into 
the back study area again.'' 174 Several witnesses 
confirm that when Ms. Lewinsky delivered pizza to the President 
that night, the two of them were briefly alone.175
---------------------------------------------------------------------------
    \174\ Lewinsky 8/6/98 GJ at 15-16.
    \175\ In Ms. Currie's recollection, Ms. Lewinsky and the President 
were alone together for about 30 seconds. Currie 1/27/98 GJ at 33-34; 
Currie 5/14/98 GJ at 36-38. Ms. Hernreich testified that when 
delivering food during the government shutdown, Ms. Lewinsky was alone 
with the President for two to four minutes. Hernreich 2/26/98 GJ at 36-
37. See also Hernreich 2/25/98 GJ at 12-17. Other witnesses also 
remembered Ms. Lewinsky's pizza delivery during the furlough. Keating 
2/25/98 GJ at 31-32; Palmieri 2/24/98 GJ at 20, 53, 62. The President 
and Ms. Lewinsky (as well as others) appear in eight White House 
photographs taken on November 17; in three of them, the President is 
eating pizza. V006-DC-00003737-3744.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that she and the President had a 
sexual encounter during this visit.176 They kissed, 
and the President touched Ms. Lewinsky's bare breasts with his 
hands and mouth.177 At some point, Ms. Currie 
approached the door leading to the hallway, which was ajar, and 
said that the President had a telephone call.178 Ms. 
Lewinsky recalled that the caller was a Member of Congress with 
a nickname.179 While the President was on the 
telephone, according to Ms. Lewinsky, ``he unzipped his pants 
and exposed himself,'' and she performed oral 
sex.180 Again, he stopped her before he 
ejaculated.181
---------------------------------------------------------------------------
    \176\ Lewinsky 8/6/98 GJ at 16; Lewinsky 8/26/98 GJ at 11-15; 
Lewinsky 7/30/98 Int. at 7.
    \177\ Lewinsky 8/26/98 Depo. at 12-13; Lewinsky 7/30/98 Int. at 7.
    \178\ Lewinsky 8/26/98 Depo. at 12; Lewinsky 7/30/98 Int. at 7.
    \179\ Lewinsky 7/30/98 Int. at 7.
    \180\ Lewinsky 8/26/98 Depo. at 13-14.
    \181\ Lewinsky 8/26/98 Depo. at 13-14; Lewinsky 7/30/98 Int. at 7. 
One friend understood that Ms. Lewinsky and the President kissed when 
she brought pizza, and that Ms. Lewinsky performed oral sex on him in a 
later encounter. Ungvari 3/19/98 GJ at 18-19, 20, 23. One of Ms. 
Lewinsky's counselors understood that the relationship with the 
President began at a pizza party. Estep 8/23/98 Int. at 2.
---------------------------------------------------------------------------
    During this visit, according to Ms. Lewinsky, the President 
told her that he liked her smile and her energy. He also said: 
``I'm usually around on weekends, no one else is around, and 
you can come and see me.'' 182
---------------------------------------------------------------------------
    \182\ Lewinsky 7/30/98 Int. at 7. See also Lewinsky 8/26/98 Depo. 
at 15.
---------------------------------------------------------------------------
    Records corroborate Ms. Lewinsky's recollection that the 
President took a call from a Member of Congress with a 
nickname. While Ms. Lewinsky was at the White House that 
evening (9:38 to 10:39 p.m.), the President had one telephone 
conversation with a Member of Congress: From 9:53 to 10:14 
p.m., he spoke with Rep. H.L. ``Sonny'' Callahan.183
---------------------------------------------------------------------------
    \183\ 1472-DC-00000015 (phone logs). Ms. Lewinsky said that this 
probably was the name she heard on that date. Lewinsky 8/11/98 Int. at 
5. She testified that she could not recall whether the President was on 
the telephone the whole time that she performed oral sex. Lewinsky 8/
26/98 Depo. at 14.
---------------------------------------------------------------------------
    In his Jones deposition on January 17, 1998, President 
Clinton--who said he was unable to recall most of his 
encounters with Ms. Lewinsky--did remember her ``back there 
with a pizza'' during the government shutdown. He said, 
however, that he did not believe that the two of them were 
alone.184 Testifying before the grand jury on August 
17, 1998, the President said that his first ``real 
conversation'' with Ms. Lewinsky occurred during the November 
1995 furlough. He testified: ``One night she brought me some 
pizza. We had some remarks.'' 185
---------------------------------------------------------------------------
    \184\ Clinton 1/17/98 Depo. at 58.
    \185\ Clinton 8/17/98 GJ at 31-32.
---------------------------------------------------------------------------

                    E. December 31 Sexual Encounter

    According to Ms. Lewinsky, she and the President had their 
third sexual encounter on New Year's Eve. Ms. Lewinsky--by then 
a member of the staff of the Office of Legislative Affairs--was 
at the White House on Sunday, December 31, 1995, until 1:16 
p.m.; her time of arrival is not shown.186 The 
President was in the Oval Office area from 12:11 p.m. until 
about the time that Ms. Lewinsky left, 1:15 p.m., when he went 
to the Residence.187
---------------------------------------------------------------------------
    \186\ 827-DC-00000011 (Epass records).
    \187\ 1222-DC-00000179 (movement logs). The President had one 
telephone call during this period, from 12:53 to 12:58 p.m. 1506-DC-
00000029 (phone logs).
---------------------------------------------------------------------------
    Sometime between noon and 1 p.m., in Ms. Lewinsky's 
recollection, she was in the pantry area of the President's 
private dining room talking with a White House steward, Bayani 
Nelvis. She told Mr. Nelvis that she had recently smoked her 
first cigar, and he offered to give her one of the President's 
cigars. Just then, the President came down the hallway from the 
Oval Office and saw Ms. Lewinsky. The President dispatched Mr. 
Nelvis to deliver something to Mr. Panetta.188
---------------------------------------------------------------------------
    \188\ Lewinsky 8/26/98 Depo. at 15-16; Lewinsky 7/27/98 Int. at 3-
4; Lewinsky 7/30/98 Int. at 8.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, she told the President that Mr. 
Nelvis had promised her a cigar, and the President gave her 
one.189 She told him her name--she had the 
impression that he had forgotten it in the six weeks since 
their furlough encounters because, when passing her in the 
hallway, he had called her ``Kiddo.'' 190 The 
President replied that he knew her name; in fact, he added, 
having lost the phone number she had given him, he had tried to 
find her in the phonebook.191
---------------------------------------------------------------------------
    \189\ Lewinsky 8/26/98 Depo. at 16.
    \190\ Lewinsky 8/26/98 Depo. at 16; Lewinsky 7/27/98 Int. at 3-4; 
Lewinsky 7/30/98 Int. at 8.
    \191\ Lewinsky 8/26/98 Depo. at 16.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, they moved to the study. ``And 
then . . . we were kissing and he lifted my sweater and exposed 
my breasts and was fondling them with his hands and with his 
mouth.'' 192 She performed oral sex.193 
Once again, he stopped her before he ejaculated because, Ms. 
Lewinsky testified, ``he didn't know me well enough or he 
didn't trust me yet.'' 194
---------------------------------------------------------------------------
    \192\ Lewinsky 8/26/98 Depo. at 16-17. See also Lewinsky 7/30/98 
Int. at 8.
    \193\ Lewinsky 7/27/98 Int. at 3-4; Lewinsky 7/30/98 Int. at 8.
    \194\ Lewinsky 8/26/98 Depo. at 17. See also Finerman 3/18/98 Depo. 
at 30-32, 35.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, a Secret Service officer named 
Sandy was on duty in the West Wing that day.195 
Records show that Sandra Verna was on duty outside the Oval 
Office from 7 a.m. to 2 p.m.196
---------------------------------------------------------------------------
    \195\ Lewinsky 7/30/98 Int. at 3.
    \196\ 1222-DC-00000325 (Secret Service duty logs).
---------------------------------------------------------------------------

              F. President's Account of 1995 Relationship

    As noted, the President testified before the grand jury 
that on November 17, 1995, Ms. Lewinsky delivered pizza and 
exchanged ``some remarks'' with him, but he never indicated 
that anything sexual occurred then or at any other point in 
1995.197 Testifying under oath before the grand 
jury, the President said that he engaged in ``conduct that was 
wrong'' involving ``inappropriate intimate contact'' with Ms. 
Lewinsky ``on certain occasions in early 1996 and once in early 
1997.'' 198 By implicitly denying any sexual contact 
in 1995, the President indicated that he and Ms. Lewinsky had 
no sexual involvement while she was an intern.199 In 
the President's testimony, his relationship with Ms. Lewinsky 
``began as a friendship,'' then later ``came to include this 
conduct.'' 200
---------------------------------------------------------------------------
    \197\ Clinton 8/17/98 GJ at 31-32.
    \198\ Clinton 8/17/98 GJ at 9-10.
    \199\ Ms. Lewinsky understood that the President may have thought 
there was something improper in having a sexual relationship with an 
intern. Lewinsky 8/24/98 Int. at 5.
    \200\ Clinton 8/17/98 GJ at 10.

          III. January-March 1996: Continued Sexual Encounters

    President Clinton and Ms. Lewinsky had additional sexual 
encounters near the Oval Office in 1996. After their sixth 
sexual encounter, the President and Ms. Lewinsky had their 
first lengthy conversation. On President's Day, February 19, 
the President terminated their sexual relationship, then 
revived it on March 31.

                     a. january 7 sexual encounter

    According to Ms. Lewinsky, she and the President had 
another sexual encounter on Sunday, January 7, 1996. Although 
White House records do not indicate that Ms. Lewinsky was at 
the White House that day, her testimony and other evidence 
indicate that she was there.201 The President, 
according to White House records, was in the Oval Office most 
of the afternoon, from 2:13 to 5:49 p.m.202
---------------------------------------------------------------------------
    \201\ As noted above, White House entry and exit records are 
incomplete.
    \202\ 1222-DC-00000183 (movement logs).
---------------------------------------------------------------------------
    According to Ms. Lewinsky, the President telephoned her 
early that afternoon. It was the first time he had called her 
at home.203 In her recollection: ``I asked him what 
he was doing and he said he was going to be going into the 
office soon. I said, oh, do you want some company? And he said, 
oh, that would be great.'' 204 Ms. Lewinsky went to 
her office, and the President called to arrange their 
rendezvous:
---------------------------------------------------------------------------
    \203\ Lewinsky 8/26/98 Depo. at 18. See also Lewinsky 7/30/98 Int. 
at 2, 8.
    \204\ Lewinsky 8/26/98 Depo. at 18.

          [W]e made an arrangement that * * * he would have the 
        door to his office open, and I would pass by the office 
        with some papers and then * * * he would sort of stop 
        me and invite me in. So, that was exactly what 
        happened. I passed by and that was actually when I saw 
        [Secret Service Uniformed Officer] Lew Fox who was on 
        duty outside the Oval Office, and stopped and spoke 
        with Lew for a few minutes, and then the President came 
        out and said, oh, hey, Monica * * * come on in * * *. 
        And so we spoke for about 10 minutes in the [Oval] 
        office. We sat on the sofas. Then we went into the back 
        study and we were intimate in the 
        bathroom.205
---------------------------------------------------------------------------
    \205\ Lewinsky 8/26/98 Depo. at 19.

Ms. Lewinsky testified that during this bathroom encounter, she 
and the President kissed, and he touched her bare breasts with 
his hands and his mouth.206 The President ``was 
talking about performing oral sex on me,'' according to Ms. 
Lewinsky.207 But she stopped him because she was 
menstruating and he did not.208 Ms. Lewinsky did 
perform oral sex on him.209
---------------------------------------------------------------------------
    \206\ Lewinsky 8/26/98 Depo. at 19.
    \207\ Lewinsky 8/26/98 Depo. at 19.
    \208\ Lewinsky 8/26/98 Depo. at 19.
    \209\ Lewinsky 8/26/98 Depo. at 20. They engaged in oral-anal 
contact as well. Id.
---------------------------------------------------------------------------
    Afterward, she and the President moved to the Oval Office 
and talked. According to Ms. Lewinsky: ``[H]e was chewing on a 
cigar. And then he had the cigar in his hand and he was kind of 
looking at the cigar in * * * sort of a naughty way. And so * * 
* I looked at the cigar and I looked at him and I said, we can 
do that, too, some time.'' 210
---------------------------------------------------------------------------
    \210\ Lewinsky 8/26/98 Depo. at 38.
---------------------------------------------------------------------------
    Corroborating aspects of Ms. Lewinsky's recollection, 
records show that Officer Fox was posted outside the Oval 
Office the afternoon of January 7.211 Officer Fox 
(who is now retired) testified that he recalled an incident 
with Ms. Lewinsky one weekend afternoon when he was on duty by 
the Oval Office: 212
---------------------------------------------------------------------------
    \211\ 1222-DC-00000325, 1362-DC-00001171 (Secret Service duty 
logs).
    \212\ Fox 2/17/98 GJ at 33. Although Mr. Fox believed that the 
incident occurred in late 1995, the totality of the evidence suggests 
that it was on this date, January 7, 1996.

        [T]he President of the United States came out, and he 
        asked me, he says, ``Have you seen any young 
        congressional staff members here today?'' I said, ``No, 
        sir.'' He said, ``Well, I'm expecting one.'' He says, 
        ``Would you please let me know when they show up?'' And 
        I said, ``Yes, sir.'' 213
---------------------------------------------------------------------------
    \213\ Fox 2/17/98 GJ at 31.

Officer Fox construed the reference to ``congressional staff 
members'' to mean White House staff who worked with Congress--
i.e., staff of the Legislative Affairs Office, where Ms. 
Lewinsky worked.214
---------------------------------------------------------------------------
    \214\ Fox 2/17/98 GJ at 60-61, 66-67.
---------------------------------------------------------------------------
    Talking with a Secret Service agent posted in the hallway, 
Officer Fox speculated on whom the President was expecting: ``I 
described Ms. Lewinsky, without mentioning the name, in detail, 
dark hair--you know, I gave a general description of what she 
looked like.'' 215 Officer Fox had gotten to know 
Ms. Lewinsky during her tenure at the White House, and other 
agents had told him that she often spent time with the 
President.216
---------------------------------------------------------------------------
    \215\ Fox 2/17/98 GJ at 33.
    \216\ Fox 2/17/98 GJ at 19-20, 42, 49-50.
---------------------------------------------------------------------------
    A short time later, Ms. Lewinsky approached, greeted 
Officer Fox, and said, ``I have some papers for the 
President.'' Officer Fox admitted her to the Oval Office. The 
President said: ``You can close the door. She'll be here for a 
while.'' 217
---------------------------------------------------------------------------
    \217\ Fox 2/17/98 GJ at 34-35. Officer Fox testified that the 
President and Ms. Lewinsky were alone. Fox 2/17/98 GJ 36-37. His sworn 
testimony on this point differs from the public statements of his 
attorney, who told reporters that Officer Fox did not know whether the 
two were alone. Chicago Tribune, 2/17/98 at 1C.
---------------------------------------------------------------------------

                     b. january 21 sexual encounter

    On Sunday, January 21, 1996, according to Ms. Lewinsky, she 
and the President had another sexual encounter. Her time of 
White House entry is not reflected in records. She left at 3:56 
p.m.218 The President moved from the Residence to 
the Oval Office at 3:33 p.m. and remained there until 7:40 
p.m.219
---------------------------------------------------------------------------
    \218\ 827-DC-00000013 (Epass records).
    \219\ 1222-DC-00000189 (movement logs). While Ms. Lewinsky was in 
the White House, the President had a single phone call, at 3:47 p.m. 
for one minute. 1506-DC-00000050 (phone logs).
---------------------------------------------------------------------------
    On that day, according to Ms. Lewinsky, she saw the 
President in a hallway by an elevator, and he invited her to 
the Oval Office.220 According to Ms. Lewinsky:
---------------------------------------------------------------------------
    \220\ Lewinsky 7/30/98 Int. at 9; Lewinsky 8/24/98 Int. at 6.

          We had * * * had phone sex for the first time the 
        week prior, and I was feeling a little bit insecure 
        about whether he had liked it or didn't like it. * * * 
        I didn't know if this was sort of developing into some 
        kind of a longer-term relationship than what I thought 
        it initially might have been, that maybe he had some 
        regular girlfriend who was furloughed. * * * 
        221
---------------------------------------------------------------------------
    \221\ Lewinsky 8/26/98 Depo. at 22-23.

According to Ms. Lewinsky, she questioned the President about 
his interest in her. ``I asked him why he doesn't ask me any 
questions about myself, and * * *  is this just about sex * * * 
or do you have some interest in trying to get to know me as a 
person?'' 222 The President laughed and said, 
according to Ms. Lewinsky, that ``he cherishes the time that he 
had with me.'' 223 She considered it ``a little bit 
odd'' for him to speak of cherishing their time together ``when 
I felt like he didn't really even know me yet.'' 224
---------------------------------------------------------------------------
    \222\ Lewinsky 8/26/98 Depo. at 23.
    \223\ Lewinsky 8/26/98 Depo. at 23.
    \224\ Lewinsky 8/26/98 Depo. at 23-24. See also Lewinsky 7/30/98 
Int. at 10.
---------------------------------------------------------------------------
    They continued talking as they went to the hallway by the 
study. Then, with Ms. Lewinsky in mid-sentence, ``he just 
started kissing me.'' 225 He lifted her top and 
touched her breasts with his hands and mouth.226 
According to Ms. Lewinsky, the President ``unzipped his pants 
and sort of exposed himself,'' and she performed oral 
sex.227
---------------------------------------------------------------------------
    \225\ Lewinsky 8/26/98 Depo. at 24-25.
    \226\ Lewinsky 8/26/98 Depo. at 25.
    \227\ Lewinsky 8/26/98 Depo. at 26.
---------------------------------------------------------------------------
    At one point during the encounter, someone entered the Oval 
Office. In Ms. Lewinsky's recollection, ``[The President] 
zipped up real quickly and went out and came back in. * * * I 
just remember laughing because he had walked out there and he 
was visibly aroused, and I just thought it was funny.'' 
228
---------------------------------------------------------------------------
    \228\ Lewinsky 8/26/98 Depo. at 26. This interruption may have been 
occasioned by the President's one-minute phone call at 3:47 p.m. 1506-
DC-00000050 (phone logs).
---------------------------------------------------------------------------
    A short time later, the President got word that his next 
appointment, a friend from Arkansas, had arrived.229 
He took Ms. Lewinsky out through the Oval Office into Ms. 
Hernreich's office, where he kissed her goodbye.230
---------------------------------------------------------------------------
    \229\ Lewinsky 8/26/98 Depo. at 26-27. Ms. Lewinsky stated that the 
Blairs from Arkansas were visiting the President. Lewinsky 7/30/98 Int. 
at 10. This is confirmed by a Secret Service itinerary for January 21, 
1996, where Diane Blair is listed as a houseguest. 1222-DC-00000024 
(presidential itinerary).
    \230\ Lewinsky 8/26/98 Depo. at 27-28; Lewinsky 7/30/98 Int. at 10; 
Tripp 7/7/98 GJ at 124-26, 139-143; Tripp 7/9/98 GJ at 4-5; 845-DC-
00000004 (Tripp notes).
---------------------------------------------------------------------------

       C. February 4 Sexual Encounter and Subsequent Phone Calls

    On Sunday, February 4, according to Ms. Lewinsky, she and 
the President had their sixth sexual encounter and their first 
lengthy and personal conversation. The President was in the 
Oval Office from 3:36 to 7:05 p.m.231 He had no 
telephone calls in the Oval Office before 4:45 
p.m.232 Records do not show Ms. Lewinsky's entry or 
exit.
---------------------------------------------------------------------------
    \231\ 1222-DC-00000196 (movement logs).
    \232\ 1506-DC-00000068 (phone logs).
---------------------------------------------------------------------------
    According to Ms. Lewinsky, the President telephoned her at 
her desk and they planned their rendezvous. At her suggestion, 
they bumped into each other in the hallway, ``because when it 
happened accidentally, that seemed to work really well,'' then 
walked together to the area of the private study.233
---------------------------------------------------------------------------
    \233\ Lewinsky 8/26/98 Depo. at 28-29; Lewinsky 8/24/98 Int. at 6.
---------------------------------------------------------------------------
    There, according to Ms. Lewinsky, they kissed. She was 
wearing a long dress that buttoned from the neck to the ankles. 
``And he unbuttoned my dress and he unhooked my bra, and sort 
of took the dress off my shoulders and * * * moved the bra. * * 
* [H]e was looking at me and touching me and telling me how 
beautiful I was.'' 234 He touched her breasts with 
his hands and his mouth, and touched her genitals, first 
through underwear and then directly.235 She 
performed oral sex on him.236
---------------------------------------------------------------------------
    \234\ Lewinsky 8/26/98 Depo. at 29-30.
    \235\ Lewinsky 8/26/98 Depo. at 30-31.
    \236\ Lewinsky 8/26/98 Depo. at 31-32. They engaged in oral-anal 
contact as well. Id. at 30-31.
---------------------------------------------------------------------------
    After their sexual encounter, the President and Ms. 
Lewinsky sat and talked in the Oval Office for about 45 
minutes. Ms. Lewinsky thought the President might be responding 
to her suggestion during their previous meeting about ``trying 
to get to know me.'' 237 It was during that 
conversation on February 4, according to Ms. Lewinsky, that 
their friendship started to blossom.238
---------------------------------------------------------------------------
    \237\ Lewinsky 8/26/98 Depo. at 33.
    \238\ Lewinsky 8/26/98 Depo. at 33-34.
---------------------------------------------------------------------------
    When she prepared to depart, according to Ms. Lewinsky, the 
President ``kissed my arm and told me he'd call me, and then I 
said, yeah, well, what's my phone number? And so he recited 
both my home number and my office number off the top of his 
head.'' 239 The President called her at her desk 
later that afternoon and said he had enjoyed their time 
together.240
---------------------------------------------------------------------------
    \239\ Lewinsky 8/26/98 Depo. at 33.
    \240\ Lewinsky 8/26/98 Depo. at 33-34; Lewinsky 8/24/98 Int. at 6; 
Tripp 7/7/98 GJ at 169-71; 845-DC-00000006 (Tripp notes).
---------------------------------------------------------------------------

               D. President's Day (February 19) Break-up

    According to Ms. Lewinsky, the President terminated their 
relationship (only temporarily, as it happened), on Monday, 
February 19, 1996--President's Day. The President was in the 
Oval Office from 11 a.m. to 2:01 p.m. that day.241 
He had no telephone calls between 12:19 and 12:42 
p.m.242 Records do not reflect Ms. Lewinsky's 
presence at the White House.
---------------------------------------------------------------------------
    \241\ 1222-DC-00000197, 1222-DC-00000102 (movement logs).
    \242\ 1506-DC-00000102 (phone logs).
---------------------------------------------------------------------------
    In Ms. Lewinsky's recollection, the President telephoned 
her at her Watergate apartment that day. From the tone of his 
voice, she could tell something was wrong. She asked to come 
see him, but he said he did not know how long he would be 
there.243 Ms. Lewinsky went to the White House, then 
walked to the Oval Office sometime between noon and 2 p.m. (the 
only time she ever went to the Oval Office 
uninvited).244 Ms. Lewinsky recalled that she was 
admitted by a tall, slender, Hispanic plainclothes agent on 
duty near the door.245
---------------------------------------------------------------------------
    \243\ Lewinsky 7/30/98 Int. at 11; Lewinsky 8/24/98 Int. at 6.
    \244\ Lewinsky 7/30/98 Int. at 3, 11-12.
    \245\ Lewinsky 7/30/98 Int. at 3, 11.
---------------------------------------------------------------------------
    The President told her that he no longer felt right about 
their intimate relationship, and he had to put a stop to 
it.246 Ms. Lewinsky was welcome to continue coming 
to visit him, but only as a friend. He hugged her but would not 
kiss her.247 At one point during their conversation, 
the President had a call from a sugar grower in Florida whose 
name, according to Ms. Lewinsky, was something like ``Fanuli.'' 
In Ms. Lewinsky's recollection, the President may have taken or 
returned the call just as she was leaving.248
---------------------------------------------------------------------------
    \246\ Lewinsky 8/6/98 GJ at 24; Lewinsky 7/29/98 Int. at 3.
    \247\ Lewinsky 7/30/98 Int. at 11. Ms. Lewinsky later recounted the 
episode to several others. Erbland 2/12/98 GJ at 46-47; Finerman 3/18/
98 Depo. at 47; Tripp 7/7/98 GJ at 175-76; Ungvari 3/19/98 GJ at 80.
    \248\ Lewinsky 8/24/98 Int. at 6. See also Lewinsky 7/30/98 Int. at 
11.
---------------------------------------------------------------------------
    Ms. Lewinsky's account is corroborated in two respects. 
First, Nelson U. Garabito, a plainclothes Secret Service agent, 
testified that, on a weekend or holiday while Ms. Lewinsky 
worked at the White House (most likely in the early spring of 
1996), Ms. Lewinsky appeared in the area of the Oval Office 
carrying a folder and said, ``I have these papers for the 
President.'' 249 After knocking, Agent Garabito 
opened the Oval Office door, told the President he had a 
visitor, ushered Ms. Lewinsky in, and closed the door behind 
her.250 When Agent Garabito's shift ended a few 
minutes later, Ms. Lewinsky was still in the Oval 
Office.251
---------------------------------------------------------------------------
    \249\ Garabito 7/30/98 GJ at 16-17, 23-24. According to a 
colleague, Agent Garabito is over six feet tall, slender, and Hispanic. 
OIC Memo of Interview with Special Agent Thomas M. Powers, 9/7/98.
    \250\ Garabito 7/30/98 GJ at 25, 30-31.
    \251\ Garabito 7/30/98 GJ at 32. Agent Garabito later recounted the 
incident to Larry L. Cockell, the head of the Presidential Protective 
Division of the Secret Service. The OIC learned of the episode from 
Agent Cockell's testimony. Cockell 7/23/98 GJ at 25-26.
---------------------------------------------------------------------------
    Second, concerning Ms. Lewinsky's recollection of a call 
from a sugar grower named ``Fanuli,'' the President talked with 
Alfonso Fanjul of Palm Beach, Florida, from 12:42 to 1:04 
p.m.252 Mr. Fanjul had telephoned a few minutes 
earlier, at 12:24 p.m.253 The Fanjuls are prominent 
sugar growers in Florida.254
---------------------------------------------------------------------------
    \252\ 1472-DC-00000017 (call logs).
    \253\ 1506-DC-00000017 (call logs).
    \254\ Forbes, 9/22/97 at 2.
---------------------------------------------------------------------------

                         E. Continuing Contacts

    After the break-up on February 19, 1996, according to Ms. 
Lewinsky, ``there continued to sort of be this flirtation * * * 
when we'd see each other.'' 255 After passing Ms. 
Lewinsky in a hallway one night in late February or March, the 
President telephoned her at home and said he was disappointed 
that, because she had already left the White House for the 
evening, they could not get together. Ms. Lewinsky testified 
that the call ``sort of implied to me that he was interested in 
starting up again.'' 256 On March 10, 1996, Ms. 
Lewinsky took a visiting friend, Natalie Ungvari, to the White 
House. They bumped into the President, who said to Ms. Ungvari 
when Ms. Lewinsky introduced them: ``You must be her friend 
from California.'' 257 Ms. Ungvari was ``shocked'' 
that the President knew where she was from.258
---------------------------------------------------------------------------
    \255\ Lewinsky 8/6/98 GJ at 90.
    \256\ Lewinsky 8/6/98 GJ at 91. See also Lewinsky 8/26/98 Depo. at 
34; Tripp 7/7/98 GJ at 179-80. Ms. Lewinsky offered to return to the 
White House to see him, but the President said he needed to stay in the 
Residence because his daughter was ill. Lewinsky 7/30/98 Int. at 12; 
Lewinsky 8/24/98 Int. at 6.
    \257\ Ungvari 3/19/98 GJ at 29-31; Lewinsky 8/3/98 Int. at 3; 
Ungvari 3/18/98 Int. at 4; Verna 6/11/98 Depo. at 10; 845-DC-00000009 
(Tripp notes).
    \258\ Ungvari 3/19/98 GJ at 30.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that on Friday, March 29, 1996, she 
was walking down a hallway when she passed the President, who 
was wearing the first necktie she had given him. She asked 
where he had gotten the tie, and he replied: ``Some girl with 
style gave it to me.'' 259 Later, he telephoned her 
at her desk and asked if she would like to see a movie. His 
plan was that she would position herself in the hallway by the 
White House Theater at a certain time, and he would invite her 
to join him and a group of guests as they entered. Ms. Lewinsky 
responded that she did not want people to think she was lurking 
around the West Wing uninvited.260 She asked if they 
could arrange a rendezvous over the weekend instead, and he 
said he would try.261 Records confirm that the 
President spent the evening of March 29 in the White House 
Theater.262 Mrs. Clinton was in Athens, 
Greece.263
---------------------------------------------------------------------------
    \259\ Lewinsky 8/11/98 Int. at 2.
    \260\ Lewinsky 8/20/98 GJ at 19; Lewinsky 7/30/98 Int. at 12; 845-
DC-00000010--11 (Tripp notes).
    \261\ Lewinsky 8/26/98 Depo. at 34-35.
    \262\ 1222-DC-00000112 (movement logs). The President and 32 guests 
saw Executive Decision that evening. 1506-DC-00000558 (White House 
daily diary).
    \263\ 968-DC-00003459 (Hillary Clinton calendar).
---------------------------------------------------------------------------

                      F. March 31 Sexual Encounter

    On Sunday, March 31, 1996, according to Ms. Lewinsky, she 
and the President resumed their sexual contact.264 
Ms. Lewinsky was at the White House from 10:21 a.m. to 4:27 
p.m. on that day.265 The President was in the Oval 
Office from 3:00 to 5:46 p.m.266 His only call while 
in the Oval Office was from 3:06 to 3:07 p.m.267 
Mrs. Clinton was in Ireland.268
---------------------------------------------------------------------------
    \264\ Lewinsky 7/29/98 Int. at 3; Lewinsky 7/30/98 Int. at 12-13.
    \265\ 827-DC-00000016 (Epass records).
    \266\ 1222-DC-00000216--217; 1222-DC-00000112-113 (movement logs).
    \267\ 1506-DC-00000139 (phone logs).
    \268\ 968-DC-00003459 (Hillary Clinton calendar). Mrs. Clinton 
returned that evening. 1506-DC-00000559 (White House diary); 1222-DC-
00000041 (Secret Service itinerary).
---------------------------------------------------------------------------
    According to Ms. Lewinsky, the President telephoned her at 
her desk and suggested that she come to the Oval Office on the 
pretext of delivering papers to him.269 She went to 
the Oval Office and was admitted by a plainclothes Secret 
Service agent.270 In her folder was a gift for the 
President, a Hugo Boss necktie.271
---------------------------------------------------------------------------
    \269\ Lewinsky 8/26/98 Depo. at 35-36.
    \270\ Lewinsky 8/26/98 Depo. at 36; Lewinsky 7/30/98 Int. at 12.
    \271\ Lewinsky 8/26/98 Depo. at 38-39.
---------------------------------------------------------------------------
    In the hallway by the study, the President and Ms. Lewinsky 
kissed. On this occasion, according to Ms. Lewinsky, ``he 
focused on me pretty exclusively,'' kissing her bare breasts 
and fondling her genitals.272 At one point, the 
President inserted a cigar into Ms. Lewinsky's vagina, then put 
the cigar in his mouth and said: ``It tastes good.'' 
273 After they were finished, Ms. Lewinsky left the 
Oval Office and walked through the Rose Garden. 274
---------------------------------------------------------------------------
    \272\ Lewinsky 8/26/98 Depo. at 37.
    \273\ Lewinsky 7/30/98 Int. at 12-13; Lewinsky 8/26/98 Depo. at 37-
38. In the grand jury, the President declined to answer whether Ms. 
Lewinsky would be lying if she said he had used a cigar as a sexual aid 
with her. Clinton 8/17/98 GJ at 110-11.
    \274\ Lewinsky 7/30/98 Int. at 13.

        IV. April 1996: Ms. Lewinsky's Transfer to the Pentagon

    With White House and Secret Service employees remarking on 
Ms. Lewinsky's frequent presence in the West Wing, a deputy 
chief of staff ordered Ms. Lewinsky transferred from the White 
House to the Pentagon. On April 7--Easter Sunday--Ms. Lewinsky 
told the President of her dismissal. He promised to bring her 
back after the election, and they had a sexual encounter.

        a. earlier observations of ms. lewinsky in the west wing

    Ms. Lewinsky's visits to the Oval Office area had not gone 
unnoticed. Officer Fox testified that ``it was pretty commonly 
known that she did frequent the West Wing on the weekends.'' 
275 Another Secret Service uniformed officer, 
William Ludtke III, once saw her exit from the pantry near the 
Oval Office; she seemed startled and possibly embarrassed to be 
spotted.276 Officer John Muskett testified that ``if 
the President was known to be coming into the Diplomatic 
Reception Room, a lot of times [Ms. Lewinsky] just happened to 
be walking down the corridor, you know, maybe just to see the 
President.'' 277 Ms. Lewinsky acknowledged that she 
tried to position herself to see the President.278
---------------------------------------------------------------------------
    \275\ Fox 2/17/98 GJ at 42-43.
    \276\ Ludtke 6/5/98 Int. at 1-2.
    \277\ Muskett 7/21/98 GJ at 124. Others also noted that Ms. 
Lewinsky spent time around the West Wing. Byrne 3/13/98 Depo. at 22-25; 
Byrne 6/25/98 Depo. at 23, 39-44, 55-62, 104-113; Byrne 7/30/98 GJ at 
8, 39-40; Hannie 4/6/98 Int. at 2-3; Keating 2/25/98 GJ at 52.
    \278\ Lewinsky 8/20/98 GJ at 12.
---------------------------------------------------------------------------
    Although they could not date them precisely, Secret Service 
officers and agents testified about several occasions when Ms. 
Lewinsky and the President were alone in the Oval Office. 
William C. Bordley, a former member of the Presidential 
Protective Detail, testified that in late 1995 or early 1996, 
he stopped Ms. Lewinsky outside the Oval Office because she did 
not have her pass.279 The President opened the Oval 
Office door, indicated to Agent Bordley that Ms. Lewinsky's 
presence was all right, and ushered Ms. Lewinsky into the Oval 
Office.280 Agent Bordley saw Ms. Lewinsky leave 
about half an hour later.281
---------------------------------------------------------------------------
    \279\ Bordley 8/13/98 GJ at 9-16.
    \280\ Bordley 8/13/98 GJ at 20-23, 29.
    \281\ Bordley 8/13/98 GJ at 25-29.
---------------------------------------------------------------------------
    Another former member of the Presidential Protective 
Detail, Robert C. Ferguson, testified that one Saturday in 
winter, the President told him that he was expecting ``some 
staffers.'' 282 A short time later, Ms. Lewinsky 
arrived and said that ``[t]he President needs me.'' 
283 Agent Ferguson announced Ms. Lewinsky and 
admitted her to the Oval Office.284 About 10 or 15 
minutes later, Agent Ferguson rotated to a post on the 
Colonnade outside the Oval Office.285 He glanced 
through the window into the Oval Office and saw the President 
and Ms. Lewinsky go through the door leading toward the private 
study.286
---------------------------------------------------------------------------
    \282\ Ferguson 7/17/98 GJ at 14-17, 27-28; Ferguson 7/23/98 GJ at 
14-17, 20.
    \283\ Ferguson 7/17/98 GJ at 27.
    \284\ Ferguson 7/17/98 GJ at 27-28; Ferguson 7/23/98 GJ at 20-21.
    \285\ Ferguson 7/17/98 GJ at 29, 31.
    \286\ Ferguson 7/17/98 GJ at 29. In addition, Officer Lewis Fox and 
Agent Nelson Garabito testified about admitting Ms. Lewinsky to the 
Oval Office on one occasion each, as recounted above. Fox 2/17/98 GJ at 
32-37; Garabito 7/30/98 GJ at 16-32. Officer Fox also saw Ms. Lewinsky 
exit the Oval Office on another occasion, but he did not know how long 
she had been inside. Fox 2/17/98 GJ at 43-46. Officer Gary Byrne also 
testified about having seen Ms. Lewinsky in the Oval Office with the 
President, though some details of his account varied in different 
tellings. Byrne 7/30/98 GJ at 7-32; Byrne 7/17/98 GJ at 4-10.
---------------------------------------------------------------------------
    Deeming her frequent visits to the Oval Office area a 
``nuisance,'' one Secret Service Officer complained to Evelyn 
Lieberman, the Deputy Chief of Staff for 
Operations.287 Ms. Lieberman was already aware of 
Ms. Lewinsky. In December 1995, according to Ms. Lewinsky, Ms. 
Lieberman chided her for being in the West Wing and told her 
that interns are not permitted around the Oval Office. Ms. 
Lewinsky (who had begun her Office of Legislative Affairs job) 
told Ms. Lieberman that she was not an intern anymore. After 
expressing surprise that Ms. Lewinsky had been hired, Ms. 
Lieberman said she must have Ms. Lewinsky confused with someone 
else.288 Ms. Lieberman confirmed that she 
reprimanded Ms. Lewinsky, whom she considered ``what we used to 
call a `clutch' * * * always someplace she shouldn't be.'' 
289
---------------------------------------------------------------------------
    \287\ Byrne 3/13/98 Depo. at 27-28, 46-47, 51-55; Byrne 6/25/98 
Depo. at 31.
    \288\ Lewinsky 8/20/98 GJ at 10-11; Lewinsky 7/31/98 Int. at 6.
    \289\ Lieberman 1/30/98 GJ at 36-37. Ms. Lieberman testified that 
she continued to disapprove of Ms. Lewinsky. When she saw Ms. Lewinsky 
back in the White House after she no longer worked there, Ms. Lieberman 
asked Ms. Currie, ``What is she doing here?'' She also may have said to 
Ms. Currie, who told Ms. Lewinsky that she could watch a Presidential 
helicopter departure, ``What are you--nuts?'' or otherwise ``expressed 
my displeasure.'' Lieberman 1/30/98 GJ at 50-52.
---------------------------------------------------------------------------
    In Ms. Lewinsky's view, some White House staff members 
seemed to think that she was to blame for the President's 
evident interest in her:

          [P]eople were wary of his weaknesses, maybe, and * * 
        * they didn't want to look at him and think that he 
        could be responsible for anything, so it had to all be 
        my fault * * * I was stalking him or I was making 
        advances towards him.290
---------------------------------------------------------------------------
    \290\ Lewinsky 8/20/98 GJ at 8.
---------------------------------------------------------------------------

                  b. decision to transfer ms. lewinsky

    Ms. Lieberman testified that, because Ms. Lewinsky was so 
persistent in her efforts to be near the President, ``I decided 
to get rid of her.'' 291 First she consulted Chief 
of Staff Panetta. According to Mr. Panetta, Ms. Lieberman told 
him about a woman on the staff who was ``spending too much time 
around the West Wing.'' Because of ``the appearance that it was 
creating,'' Ms. Lieberman proposed to move her out of the White 
House. Mr. Panetta--who testified that he valued Ms. 
Lieberman's role as ``a tough disciplinarian'' and ``trusted 
her judgment''--replied, ``Fine.'' 292
---------------------------------------------------------------------------
    \291\ Lieberman 1/30/98 GJ at 41.
    \292\ Panetta 1/28/98 GJ at 139-42.
---------------------------------------------------------------------------
    Although Ms. Lieberman said she could not recall having 
heard any rumors linking the President and Ms. Lewinsky, she 
acknowledged that ``the President was vulnerable to these kind 
of rumors * * * yes, yes, that was one of the reasons'' for 
moving Ms. Lewinsky out of the White House.293 
Later, in September 1997, Marcia Lewis (Ms. Lewinsky's mother) 
complained about her daughter's dismissal to Ms. Lieberman, 
whom she met at a Voice of America ceremony. Ms. Lieberman, 
according to Ms. Lewis, responded by ``saying something about 
Monica being cursed because she's beautiful.'' Ms. Lewis 
gathered from the remark that Ms. Lieberman, as part of her 
effort to protect the President, ``would want to have pretty 
women moved out.'' 294
---------------------------------------------------------------------------
    \293\ Lieberman 1/30/98 GJ at 45. See also Panetta 1/28/98 GJ at 
143 (describing precautions taken ``to protect the President's office 
and protect his integrity,'' including preventing President from 
meeting alone with female acquaintances in circumstances that ``could 
be misinterpreted'').
    \294\ Lewis 2/11/98 GJ at 37-40. See also T3 at 15; Lewinsky 7/31/
98 Int. at 7. Ms. Lieberman testified that the conversation occurred in 
September 1997. Lieberman 1/30/98 GJ at 66. In her recollection, the 
exchange began with Ms. Lewis coming up to her and saying, ``You ruined 
[Ms. Lewinsky's] life on the basis of something that she never did.'' 
According to Ms. Lieberman, she made no response, and Ms. Lewis walked 
away. Later Ms. Lewis returned and said that she understood what Ms. 
Lieberman had done and why. Lieberman 1/30/98 GJ at 64-66.
---------------------------------------------------------------------------
    Most people understood that the principal reason for Ms. 
Lewinsky's transfer was her habit of hanging around the Oval 
Office and the West Wing.295 In a memo in October 
1996, John Hilley, Assistant to the President and Director of 
Legislative Affairs, reported that Ms. Lewinsky had been 
``got[ten] rid of'' in part ``because of `extracurricular 
activities' '' (a phrase, he maintained in the grand jury, that 
meant only that Ms. Lewinsky was often absent from her work 
station).296
---------------------------------------------------------------------------
    \295\ Abramson 2/20/98 Int. at 3; Band 2/25/98 Int. at 2-3; Currie 
5/6/98 GJ at 40-41; Ganong 2/12/98 Int. at 2; Keating 2/25/98 GJ at 73; 
Panetta 1/28/98 GJ at 139-42.
    \296\ 1089-DC-00000970 (memo from Mr. Hilley to Ms. Lieberman); 
Hilley 5/19/98 GJ at 34-35, 47-50. Mr. Hilley testified that 
``extracurricular activities''--which applied to Ms. Lewinsky and one 
of her colleagues who was also transferred--did not refer to anything 
sexual in nature. Hilley 5/19/98 GJ at 49-50. See also Byrne 6/25/98 
Depo. at 22-25, 27-28, 38, 43, 54-55; Currie 5/14/98 GJ at 19-35; Fox 
2/17/98 GJ at 46-48; Maes 5/7/98 GJ at 34-42.
---------------------------------------------------------------------------
    White House officials arranged for Ms. Lewinsky to get 
another job in the Administration.297 ``Our 
direction is to make sure she has a job in an Agency,'' Patsy 
Thomasson wrote in an email message on April 9, 
1996.298 Ms. Thomasson's office (Presidential 
Personnel) sent Ms. Lewinsky's resume to Charles Duncan, 
Special Assistant to the Secretary of Defense and White House 
Liaison, and asked him to find a Pentagon opening for 
her.299 Mr. Duncan was told that, though Ms. 
Lewinsky had performed her duties capably, she was being 
dismissed for hanging around the Oval Office too 
much.300 According to Mr. Duncan--who had received 
as many as 40 job referrals per day from the White House--the 
White House had never given such an explanation for a 
transfer.301
---------------------------------------------------------------------------
    \297\ Duncan 2/18/98 GJ at 24.
    \298\ V006-DC-00001347.
    \299\ Duncan 2/18/98 GJ at 13-14.
    \300\ Duncan 2/18/98 GJ at 23, 41.
    \301\ Duncan 2/18/98 GJ at 8, 23-24.
---------------------------------------------------------------------------

             c. ms. lewinsky's notification of her transfer

    On Friday, April 5, 1996, Timothy Keating, Staff Director 
for Legislative Affairs, informed Ms. Lewinsky that she would 
have to leave her White House job.302 According to 
Mr. Keating, he told her that she was not being fired, merely 
``being given a different opportunity.'' In fact, she could 
tell people it was a promotion if she cared to do 
so.303 Upon hearing of her dismissal, Ms. Lewinsky 
burst into tears and asked if there was any way for her to stay 
in the White House, even without pay.304 No, Mr. 
Keating said. According to Ms. Lewinsky, ``He told me I was too 
sexy to be working in the East Wing and that this job at the 
Pentagon where I'd be writing press releases was a sexier 
job.'' 305
---------------------------------------------------------------------------
    \302\ Lewinsky 8/6/98 GJ at 61. The President was traveling to 
Oklahoma City on that day. V006-DC-00000694 (President's schedule); 
968-DC-00000841 (same).
    \303\ Keating 2/25/98 GJ at 76. The Pentagon position had a higher 
salary than Ms. Lewinsky's White House job. Lewinsky 8/3/98 Int. at 5. 
Ms. Lewinsky's supervisor, Jocelyn Jolley, was also transferred that 
day. Keating 2/25/98 GJ at 76-79; Lewinsky 8/6/98 GJ at 171. Unlike Ms. 
Lewinsky, Ms. Jolley was given a demotion: a temporary job at the 
General Services Administration. Jolley 2/24/98 GJ at 36-39; Keating 2/
25/98 GJ at 79.
    \304\ Keating 2/25/98 GJ at 78-79; Lewinsky 8/3/98 Int. at 3; Capps 
3/23/98 Int. at 2; Fox 2/17/98 GJ at 47; Lynn 8/5/98 GJ at 14-16; Verna 
7/21/98 GJ at 21-23.
    \305\ Lewinsky 8/6/98 GJ at 171. See also Lewinsky 8/3/98 Int. at 
3. Ms. Lewinsky testified that Mr. Keating led her to believe that she 
could probably return to work at the White House after the election. 
Lewinsky 8/3/98 Int. at 4. Mr. Keating testified that he told her that 
if she performed well at the Pentagon, ``she may be able to get a job 
back in the White House. But not now.'' Keating 2/25/98 GJ at 79.
---------------------------------------------------------------------------
    Ms. Lewinsky was devastated. She felt that she was being 
transferred simply because of her relationship with the 
President. 306 And she feared that with the loss of 
her White House job, ``I was never going to see the President 
again. I mean, my relationship with him would be over.'' 
307
---------------------------------------------------------------------------
    \306\ Lewinsky 8/26/98 Depo. at 60.
    \307\ Lewinsky 8/6/98 GJ at 62.
---------------------------------------------------------------------------

         d. conversations with the president about her transfer

1. Easter Telephone Conversations and Sexual Encounter

    On Easter Sunday, April 7, 1996, Ms. Lewinsky told the 
President of her dismissal and they had a sexual encounter. Ms. 
Lewinsky entered the White House at 4:56 and left at 5:28 
p.m.308 The President was in the Oval Office all 
afternoon, from 2:21 to 7:48 p.m.309
---------------------------------------------------------------------------
    \308\ 827-DC-00000016 (Epass records).
    \309\ 1222-DC-00000219 (movement log).
---------------------------------------------------------------------------
    According to Ms. Lewinsky, the President telephoned her at 
home that day. After they spoke of the death of the Commerce 
Secretary the previous week, she told him of her dismissal:

          I had asked him * * * if he was doing okay with Ron 
        Brown's death, and then after we talked about that for 
        a little bit I told him that my last day was Monday. 
        And * * * he seemed really upset and sort of asked me 
        to tell him what had happened. So I did and I was 
        crying and I asked him if I could come see him, and he 
        said that that was fine.310
---------------------------------------------------------------------------
    \310\ Lewinsky 8/6/98 GJ at 62. See also Lewinsky 8/26/98 Depo. at 
39; Lewinsky 7/27/98 Int. at 4; Tripp 7/9/98 GJ at 29-30.

At the White House, according to Ms. Lewinsky, she told Secret 
Service Officer Muskett that she needed to deliver papers to 
the President.311 Officer Muskett admitted her to 
the Oval Office, and she and the President proceeded to the 
private study.312
---------------------------------------------------------------------------
    \311\ In Ms. Lewinsky's recollection, Officer Muskett first said he 
needed to get Evelyn Lieberman's authorization before admitting Ms. 
Lewinsky to the Oval Office, but Ms. Lewinsky talked him out of it. 
Lewinsky 8/6/98 GJ at 91; Lewinsky 8/20/98 GJ at 42; Lewinsky 8/26/98 
Depo. at 39-40; Lewinsky 7/27/98 Int. at 4; Lewinsky 7/30/98 Int. at 
13; Lewinsky 7/31/98 Int. at 6.
    \312\ Lewinsky 7/27/98 Int. at 4.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, the President seemed troubled 
about her upcoming departure from the White House:

          He told me that he thought that my being transferred 
        had something to do with him and that he was upset. He 
        said, ``Why do they have to take you away from me? I 
        trust you.'' And then he told me--he looked at me and 
        he said, ``I promise you if I win in November I'll 
        bring you back like that.'' 313
---------------------------------------------------------------------------
    \313\ Lewinsky 8/6/98 GJ at 63. See also Lewinsky 8/26/98 Depo. at 
40; Lewinsky 7/30/98 Int. at 13; Erbland 2/12/98 GJ at 37; Tripp 7/9/98 
GJ at 31; 833-DC-00001070 (document recovered from Ms. Lewinsky's 
computer referring to President's promise to arrange for her return); 
MSL-DC-00001052 (another recovered computer file, saying in part: ``You 
promised you would bring me back after the election with a snap of 
[your] fingers.''); Lewinsky Statement 2/1/98 at 1 (``he promised to 
bring her back to the WH after the election''); Tripp 7/9/98 GJ at 31, 
37-38, 42.

He also indicated that she could have any job she wanted after 
the election.314 In addition, the President said he 
would find out why Ms. Lewinsky was transferred and report back 
to her.315
---------------------------------------------------------------------------
    \314\ In a recorded conversation, Ms. Lewinsky recounted part of 
this discussion:

        [H]e said, ``I promise you,'' you know, something like, 
      ``if I win in November, I'll have you back like that. You 
      can do anything you want. You can be anything you want.'' 
      And then I made a joke and I said, ``Well, can I be 
      Assistant to the President for Blow Jobs?'' He said, ``I'd 
---------------------------------------------------------------------------
      like that.''

T7 at 34-35.
---------------------------------------------------------------------------
    \315\ Lewinsky 8/6/98 GJ at 64.
---------------------------------------------------------------------------
    When asked if he had promised to get Ms. Lewinsky another 
White House job, the President told the grand jury:

          What I told Ms. Lewinsky was that * * * I would do 
        what I could to see, if she had a good record at the 
        Pentagon, and she assured me she was doing a good job 
        and working hard, that I would do my best to see that 
        the fact that she had been sent away from the 
        Legislative Affairs section did not keep her from 
        getting a job in the White House, and that is, in fact, 
        what I tried to do. * * * But I did not tell her I 
        would order someone to hire her, and I never did, and I 
        wouldn't do that. It wouldn't be right.316
---------------------------------------------------------------------------
    \316\ Clinton 8/17/98 GJ at 130.

Ms. Lewinsky, when asked if the President had said that he 
would bring her back to the White House only if she did a good 
job at the Pentagon, responded: ``No.'' 317
---------------------------------------------------------------------------
    \317\ Lewinsky 8/26/98 Depo. at 40.
---------------------------------------------------------------------------
    After this Easter Sunday conversation, the President and 
Ms. Lewinsky had a sexual encounter in the hallway, according 
to Ms. Lewinsky.318 She testified that the President 
touched her breasts with his mouth and hands.319 
According to Ms. Lewinsky: ``I think he unzipped [his pants] * 
* * because it was sort of this running joke that I could never 
unbutton his pants, that I just had trouble with it.'' 
320 Ms. Lewinsky performed oral sex. The President 
did not ejaculate in her presence.321
---------------------------------------------------------------------------
    \318\ Lewinsky 8/6/98 GJ at 94-97.
    \319\ Lewinsky 8/26/98 Depo. at 40-41.
    \320\ Lewinsky 8/26/98 Depo. at 41.
    \321\ Lewinsky 8/26/98 Depo. at 41.
---------------------------------------------------------------------------
    During this encounter, someone called out from the Oval 
Office that the President had a phone call.322 He 
went back to the Oval Office for a moment, then took the call 
in the study. The President indicated that Ms. Lewinsky should 
perform oral sex while he talked on the phone, and she 
obliged.323 The telephone conversation was about 
politics, and Ms. Lewinsky thought the caller might be Dick 
Morris.324 White House records confirm that the 
President had one telephone call during Ms. Lewinsky's visit: 
from ``Mr. Richard Morris,'' to whom he talked from 5:11 to 
5:20 p.m.325
---------------------------------------------------------------------------
    \322\ Lewinsky 8/6/98 GJ at 20, 95-97; Lewinsky 7/30/98 Int. at 13.
    \323\ Lewinsky 8/6/98 GJ at 95; Lewinsky 8/26/98 Depo. at 41-44; 
Lewinsky 7/27/98 Int. at 4-5; Lewinsky 7/30/98 Int. at 13.
    \324\ Lewinsky 8/6/98 GJ at 92; Lewinsky 7/27/98 Int. at 4-5; 
Lewinsky 7/30/98 Int. at 13.
    \325\ 1248-DC-00000008 (phone logs).
---------------------------------------------------------------------------
    A second interruption occurred a few minutes later, 
according to Ms. Lewinsky. She and the President were in the 
study.326 Ms. Lewinsky testified:
---------------------------------------------------------------------------
    \326\ Lewinsky 8/6/98 GJ at 93, 97.


          Harold Ickes has a very distinct voice and * * * I 
        heard him holler ``Mr. President,'' and the President 
        looked at me and I looked at him and he jetted out into 
        the Oval Office and I panicked and * * * thought that 
        maybe because Harold was so close with the President 
        that they might just wander back there and the 
        President would assume that I knew to 
        leave.327
---------------------------------------------------------------------------
    \327\ Lewinsky 8/6/98 GJ at 93. See also Lewinsky 8/26/98 Depo. at 
43; Lewinsky 7/27/98 Int. at 5; Lewinsky 7/30/98 Int. at 13. Ms. 
Lewinsky testified that she did not see Mr. Ickes but recognized his 
voice. Lewinsky 8/6/98 GJ at 97.

Ms. Lewinsky testified that she exited hurriedly through the 
dining room door.328 That evening, the President 
called and asked Ms. Lewinsky why she had run off. ``I told him 
that I didn't know if he was going to be coming back. * * * 
[H]e was a little upset with me that I left.'' 329
---------------------------------------------------------------------------
    \328\ Lewinsky 8/6/98 GJ at 93; Lewinsky 8/26/98 Depo. at 45; 
Lewinsky 7/27/98 Int. at 5; Lewinsky 7/30/98 Int. at 13.
    \329\ Lewinsky 8/6/98 GJ at 94. See also Lewinsky 7/30/98 Int. at 
11; Tripp 7/9/98 GJ at 30-36; 845-DC-00000012-13 (Tripp notes).
---------------------------------------------------------------------------
    In addition to the record of the Dick Morris phone call, 
the testimony of Secret Service Officer Muskett corroborates 
Ms. Lewinsky's account. Officer Muskett was posted near the 
door to the Oval Office on Easter Sunday.330 He 
testified that Ms. Lewinsky (whom he knew) arrived at about 
4:45 p.m. carrying a manila folder and seeming ``a little 
upset.'' 331 She told Officer Muskett that she 
needed to deliver documents to the President.332 
Officer Muskett or the plainclothes agent on duty with him 
opened the door, and Ms. Lewinsky entered.333
---------------------------------------------------------------------------
    \330\ Muskett 7/21/98 GJ at 9-13.
    \331\ Muskett 7/21/98 GJ at 22-24.
    \332\ Muskett 7/21/98 GJ at 25-26, 83.
    \333\ Muskett 7/21/98 GJ at 27-28, 91-93.
---------------------------------------------------------------------------
    About 20 to 25 minutes later, according to Officer Muskett, 
the telephone outside the Oval Office rang. The White House 
operator said that the President had an important call but he 
was not picking up.334 The agent working alongside 
Officer Muskett knocked on the door to the Oval Office. When 
the President did not respond, the agent entered. The Oval 
Office was empty, and the door leading to the study was 
slightly ajar.335 (Ms. Lewinsky testified that the 
President left the door ajar during their sexual 
encounters.336) The agent called out, ``Mr. 
President?'' There was no response. The agent stepped into the 
Oval Office and called out more loudly, ``Mr. President?'' This 
time there was a response from the study area, according to 
Officer Muskett: ``Huh?'' The agent called out that the 
President had a phone call, and the President said he would 
take it.337
---------------------------------------------------------------------------
    \334\ Muskett 7/21/98 GJ at 28, 31-33.
    \335\ Muskett 7/21/98 GJ at 34-37.
    \336\ Lewinsky 8/6/98 GJ at 36-37; Lewinsky 7/27/98 Int. at 2.
    \337\ Muskett 7/21/98 GJ at 36-37, 39-40. Officer Muskett recalled 
that the plainclothes agent on duty at the time was Reginald Hightower. 
Muskett 7/21/98 GJ at 22. While not ``100 percent sure'' that this 
incident occurred, Agent Hightower testified that ``it probably did 
happen.'' Hightower 7/28/98 GJ at 46-49.
---------------------------------------------------------------------------
    A few minutes later, according to Officer Muskett, Mr. 
Ickes approached and said he needed to see President Clinton. 
Officer Muskett admitted him through Ms. Currie's 
office.338 Less than a minute after Mr. Ickes 
entered Ms. Currie's reception area, according to Officer 
Muskett, the pantry or dining room door closed audibly. Officer 
Muskett stepped down the hall to check and saw Ms. Lewinsky 
walking away briskly.339
---------------------------------------------------------------------------
    \338\ Muskett 7/21/98 GJ at 42-46. Mr. Ickes testified that he 
cannot recall this incident but cannot rule it out. Ickes 8/5/98 GJ at 
58-59.
    \339\ Muskett 7/21/98 GJ at 47-52, 89.
---------------------------------------------------------------------------
    At 5:30 p.m., two minutes after Ms. Lewinsky left the White 
House, the President called the office of the person who had 
decided to transfer Ms. Lewinsky, Evelyn 
Lieberman.340
---------------------------------------------------------------------------
    \340\ 1506-DC-00000144 (phone logs).
---------------------------------------------------------------------------

2. April 12-13: Telephone Conversations

    Ms. Lewinsky testified that the President telephoned her 
the following Friday, April 12, 1996, at home. They talked for 
about 20 minutes. According to Ms. Lewinsky, the President said 
he had checked on the reason for her transfer:

          [H]e had come to learn * * * that Evelyn Lieberman 
        had sort of spearheaded the transfer, and that she 
        thought he was paying too much attention to me and I 
        was paying too much attention to him and that she 
        didn't necessarily care what happened after the 
        election but everyone needed to be careful before the 
        election.341
---------------------------------------------------------------------------
    \341\ Lewinsky 8/6/98 GJ at 64-65. See also Lewinsky 2/1/98 
Statement at 1; Lewinsky 7/31/98 Int. at 6-7; Lewinsky 8/3/98 Int. at 
5; Tripp 7/9/98 GJ at 72-73; 845-DC-00000014 (Tripp notes); T2 at 17.

According to Ms. Lewinsky, the President told her to give the 
Pentagon a try, and, if she did not like it, he would get her a 
job on the campaign.342
---------------------------------------------------------------------------
    \342\ Lewinsky 8/6/98 GJ at 65; Lewinsky 7/29/98 Int. at 3-4; 
Lewinsky 8/3/98 Int. at 5.
---------------------------------------------------------------------------
    In the grand jury, Ms. Lieberman testified that the 
President asked her directly about Ms. Lewinsky's transfer:

          After I had gotten rid of her, when I was in there, 
        during the course of a conversation, [President 
        Clinton] said, ``I got a call about--'' I don't know if 
        he said her name. He said maybe ``--an intern you 
        fired.'' And she was evidently very upset about it. He 
        said, ``Do you know anything about this?'' I said, 
        ``Yes.'' He said, ``Who fired her?'' I said, ``I did.'' 
        And he said, ``Oh, okay.'' 343
---------------------------------------------------------------------------
    \343\ Lieberman 1/30/98 GJ at 62.

According to Ms. Lieberman, the President did not pursue the 
matter further.344
---------------------------------------------------------------------------
    \344\ Lieberman 1/30/98 GJ at 62.
---------------------------------------------------------------------------
    Three other witnesses confirm that the President knew why 
Ms. Lewinsky was transferred to the Pentagon. In 1997, the 
President told Chief of Staff Erskine Bowles ``that there was a 
young woman--her name was Monica Lewinsky--who used to work at 
the White House; that Evelyn * * * thought she hung around the 
Oval Office too much and transferred her to the Pentagon.'' 
345 According to Betty Currie, the President 
believed that Ms. Lewinsky had been unfairly 
transferred.346 The President's close friend, Vernon 
Jordan, testified that the President said to him in December 
1997 that ``he knew about [Ms. Lewinsky's] situation, which was 
that she was pushed out of the White House.'' 347
---------------------------------------------------------------------------
    \345\ Bowles 4/2/98 GJ at 66-67.
    \346\ Currie 5/7/98 GJ at 49-50.
    \347\ Jordan 3/3/98 GJ at 64-65.

              V. April-December 1996: No Private Meetings

    After Ms. Lewinsky began her Pentagon job on April 16, 
1996, she had no further physical contact with the President 
for the remainder of the year. She and the President spoke by 
phone (and had phone sex) but saw each other only at public 
functions. Ms. Lewinsky grew frustrated after the election 
because the President did not bring her back to work at the 
White House.

                            a. pentagon job

    On April 16, 1996, Ms. Lewinsky began working at the 
Pentagon as Confidential Assistant to the Assistant Secretary 
of Defense for Public Affairs.348
---------------------------------------------------------------------------
    \348\ V006-DC-00002289 (email noting departures of White House 
employees); Lewinsky 8/6/98 GJ at 65. According to the job description 
for the position:

        The incumbent of this Schedule C position will have 
      access to highly confidential, sensitive and frequently 
      politically controversial information and must be a person 
      in whom the [Assistant Secretary of Defense for Public 
---------------------------------------------------------------------------
      Affairs] has complete trust and confidence.

833-DC-00002880. Ms. Lewinsky held clearance for Sensitive 
Compartmented Information. Lewinsky 8/24/98 Int. at 3. According to a 
regulation:

        Sensitive Compartmented Information is information that 
      not only is classified for national security reasons as Top 
      Secret, Secret, or Confidential, but also is subject to 
      special access and handling requirements because it 
      involves or derives from particularly sensitive 
      intelligence sources and methods.

28 C.F.R. Sec. 17.18(a) (1998).

                         B. No Physical Contact

    According to Ms. Lewinsky, she had no physical contact with 
the President for the rest of 1996.349 ``I wasn't 
alone with him so when I saw him it was in some sort of event 
or group setting,'' she testified.350
---------------------------------------------------------------------------
    \349\ Lewinsky 7/29/98 Int. at 1.
    \350\ Lewinsky 8/6/98 GJ at 66.
---------------------------------------------------------------------------

                       C. Telephone Conversations

    Ms. Lewinsky and the President did talk by telephone, 
especially in her first weeks at the new job.351 By 
Ms. Lewinsky's estimate, the President phoned her (sometimes 
leaving a message) four or five times in the month after she 
started working at the Pentagon, then two or three times a 
month thereafter for the rest of 1996.352 During the 
fall 1996 campaign, the President sometimes called from trips 
when Mrs. Clinton was not accompanying him.353 
During at least seven of the 1996 calls, Ms. Lewinsky and the 
President had phone sex.354
---------------------------------------------------------------------------
    \351\ Tripp 7/9/98 GJ at 94-98.
    \352\ Lewinsky 8/6/98 GJ at 28 & Ex. ML-7.
    \353\ Tripp 7/14/98 GJ at 3-4, 11-12; 845-DC-00000019 (Tripp 
notes).
    \354\ Lewinsky 7/29/98 Int. at 4-5.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, the President telephoned her at 
about 6:30 a.m. on July 19, the day he was leaving for the 1996 
Olympics in Atlanta, and they had phone sex, after which the 
President exclaimed, ``[G]ood morning!'' and then said: ``What 
a way to start a day.'' 355 A call log shows that 
the President called the White House operator at 12:11 a.m. on 
July 19 and asked for a wake-up call at 7 a.m., then at 6:40 
a.m., the President called and said he was already 
up.356 In Ms. Lewinsky's recollection, she and the 
President also had phone sex on May 21, July 5 or 6, October 
22, and December 2, 1996.357 On those dates, Mrs. 
Clinton was in Denver (May 21), Prague and Budapest (July 5-6), 
Las Vegas (October 22), and en route to Bolivia (December 
2).358
---------------------------------------------------------------------------
    \355\ Lewinsky 7/30/98 Int. at 14. See also Lewinsky 7/29/98 Int. 
at 4; Lewinsky 8/6/98 GJ at 27-28; Tripp 7/9/98 GJ at 118-19 
(mistakenly indicating that this occurred July 15, 1996); 845-DC-
00000018 (Tripp notes).
    \356\ 1506-DC-00000275 (call log); 1506-DC-000000638.
    \357\ Lewinsky 7/29/98 Int. at 4-5; Lewinsky 7/30/98 Int. at 14-15; 
845-DC-00000016-17 (Tripp notes); 845-DC-00000020-22 (same); Tripp 7/9/
98 GJ at 102-04, 115-16; Tripp 7/14/98 GJ at 11-12, 35-37.
    \358\ 1506-DC-00000222 (5/21/96); 1506-DC-00000264 (7/5/96); 1506-
DC-00000268 (7/6/96); 1506-DC-00000328 (10/22/96); 1506-DC-00000353 
(12/2/96) (President's schedules).
---------------------------------------------------------------------------
    Ms. Lewinsky repeatedly told the President that she 
disliked her Pentagon job and wanted to return to the White 
House.359 In a recorded conversation, Ms. Lewinsky 
recounted one call:
---------------------------------------------------------------------------
    \359\ Lewinsky 7/29/98 Int. at 3; Finerman 3/18/98 Depo. at 49-50; 
Tripp 7/9/98 GJ at 53, 61-62, 94. Along with talking with the 
President, Ms. Lewinsky also contacted former White House colleagues 
for help returning to work there. Lewinsky 8/3/98 Int. at 5.

          [A] month had passed and--so he had called one night, 
        and I said, ``Well,'' I said, ``I'm really unhappy,'' 
        you know. And [the President] said, ``I don't want to 
        talk about your job tonight. I'll call you this week, 
        and then we'll talk about it. I want to talk about 
        other things''--which meant phone sex. 360
---------------------------------------------------------------------------
    \360\  T7 at 36.

She expected to talk with him the following weekend, and she 
was ``ready to broach the idea of * * * going to the 
campaign,'' but he did not call.361
---------------------------------------------------------------------------
    \361\ T7 at 36-37.
---------------------------------------------------------------------------
    Ms. Lewinsky and the President also talked about their 
relationship. During a phone conversation on September 5, 
according to Ms. Lewinsky, she told the President that she 
wanted to have intercourse with him. He responded that he could 
not do so because of the possible consequences. The two of them 
argued, and he asked if he should stop calling her. No, she 
responded. 362
---------------------------------------------------------------------------
    \362\  Lewinsky 7/30/98 Int. at 14; Lewinsky 8/6/98 GJ at 21; 
Erbland 2/12/98 GJ at 30; Tripp 7/14/98 GJ at 4-6; 845-DC-00000020 
(Tripp notes).
---------------------------------------------------------------------------

                          D. Public Encounters

    During this period, Ms. Lewinsky occasionally saw the 
President in public. She testified:

          I'm an insecure person * * * and I was insecure about 
        the relationship at times and thought that he would 
        come to forget me easily and if I hadn't heard from him 
        * * * it was very difficult for me. * * * [U]sually 
        when I'd see him, it would kind of prompt him to call 
        me. So I made an effort. I would go early and stand in 
        the front so I could see him. * * * 363
---------------------------------------------------------------------------
    \363\ Lewinsky 8/20/98 GJ at 25.

    On May 2, 1996, Ms. Lewinsky saw the President at a 
reception for the Saxophone Club, a political 
organization.364 On June 14, Ms. Lewinsky and her 
family attended the taping of the President's weekly radio 
address and had photos taken with the President.365 
On August 18, Ms. Lewinsky attended the President's 50th 
birthday party at Radio City Music Hall, and she got into a 
cocktail party for major donors where she saw the 
President.366 According to Ms. Lewinsky, when the 
President reached past her at the rope line to shake hands with 
another guest, she reached out and touched his crotch in a 
``playful'' fashion.367 On October 23, according to 
Ms. Lewinsky, she talked with the President at a fundraiser for 
Senate Democrats.368 The two were photographed 
together at the event.369 The President was wearing 
a necktie she had given him, according to Ms. Lewinsky, and she 
said to him, ``Hey, Handsome--I like your tie.'' 370 
The President telephoned her that night. She said she planned 
to be at the White House on Pentagon business the next day, and 
he told her to stop by the Oval Office. At the White House the 
next day, Ms. Lewinsky did not see the President because Ms. 
Lieberman was nearby.371 On December 17, Ms. 
Lewinsky attended a holiday reception at the White 
House.372 A photo shows her shaking hands with the 
President.373
---------------------------------------------------------------------------
    \364\ Lewinsky 7/29/98 Int. at 3, 16; Tripp 7/9/98 GJ at 99-100; 
845-DC-00000015 (Tripp notes). The President was at the Renaissance 
Hotel in Washington from 8:40 to 9:25 p.m. that day. 1506-DC-00000188--
189 (President's schedules).
    \365\ V006-DC-00000534 (radio address guest list); 1222-DC-00000045 
(itinerary); V006-DC-00001841--1847 (photographs); V006-DC-00003735 
(photo requests); V006-DC-00001865 (videotape).
    \366\ Lewinsky 8/20/98 GJ at 28-31; Lewinsky 7/29/98 Int. at 16; 
Lewinsky 8/24/98 Int. at 6-7; V006-DC-00000682 (President's schedule 
for August 18); V006-DC-00003735 (photo request from Ms. Lewinsky); 
MSL-DC-0000489--490 (event invitation); Tripp 7/9/98 GJ at 125-26; 845-
DC-00000019 (Tripp notes).
    \367\ Lewinsky 8/20/98 GJ at 28-31. See also Lewinsky 7/30/98 Int. 
at 17.
    \368\ Lewinsky 7/31/98 Int. at 7. Ms. Lewinsky thought that this 
might have been October 23 or 24. Id. The President was at the Sheraton 
Washington Hotel from 6:55 to 8:05 p.m. on October 23. 1506-DC-
00000334--335 (President's schedule).
    \369\ Newsweek, 8/10/98, cover photo.
    \370\ Lewinsky 8/11/98 Int. at 2.
    \371\ Lewinsky 8/20/98 GJ at 26-27.
    \372\ Lewinsky 7/29/98 Int. at 5.
    \373\ V006-DC-00000007 (WAVES records); V006-DC-00001855--1856 
(photos from the reception); V006-DC-00000391 (White House event 
attendance records).
---------------------------------------------------------------------------

                     E. Ms. Lewinsky's Frustrations

    Continuing to believe that her relationship with the 
President was the key to regaining her White House pass, Ms. 
Lewinsky hoped that the President would get her a job 
immediately after the election. ``I kept a calendar with a 
countdown until election day,'' she later wrote in an unsent 
letter to him. The letter states:

          I was so sure that the weekend after the election you 
        would call me to come visit and you would kiss me 
        passionately and tell me you couldn't wait to have me 
        back. You'd ask me where I wanted to work and say 
        something akin to ``Consider it done'' and it would be. 
        Instead I didn't hear from you for weeks and 
        subsequently your phone calls became less 
        frequent.374
---------------------------------------------------------------------------
    \374\  MSL-DC-00001052 (spelling and punctuation corrected). See 
also Lewinsky 2/1/98 Statement at 1-2; Tripp 7/14/98 GJ at 32-34. Ms. 
Lewinsky did not send this letter. Lewinsky 8/4/98 Int. at 5.

    Ms. Lewinsky grew increasingly frustrated over her 
relationship with President Clinton.375 One friend 
understood that Ms. Lewinsky complained to the President about 
not having seen each other privately for months, and he 
replied, ``Every day can't be sunshine.'' 376 In 
email to another friend in early 1997, Ms. Lewinsky wrote: ``I 
just don't understand what went wrong, what happened? How could 
he do this to me? Why did he keep up contact with me for so 
long and now nothing, now when we could be together?'' 
377
---------------------------------------------------------------------------
    \375\ Catherine Davis 3/17/98 GJ at 23-24, 27; Finerman 3/18/98 
Depo. at 12; Kassorla 8/28/98 Int. at 4; Raines 1/29/98 GJ at 31-32; 
Tripp 7/2/98 GJ at 41-43.
    \376\ Tripp 7/14/98 GJ at 39-40; 845-DC-00000022 (Tripp notes).
    \377\ 833-DC-00001974 (email to Ms. Tripp).

            VI. Early 1997: Resumption of Sexual Encounters

    In 1997, President Clinton and Ms. Lewinsky had further 
private meetings, which now were arranged by Betty Currie, the 
President's secretary. After the taping of the President's 
weekly radio address on February 28, the President and Ms. 
Lewinsky had a sexual encounter. On March 24, they had what 
proved to be their final sexual encounter. Throughout this 
period, Ms. Lewinsky continued to press for a job at the White 
House, to no avail.

              a. resumption of meetings with the president

1. Role of Betty Currie
            a. Arranging Meetings
    In 1997, with the presidential election past, Ms. Lewinsky 
and the President resumed their one-on-one meetings and sexual 
encounters. The President's secretary, Betty Currie, acted as 
intermediary.
    According to Ms. Currie, Ms. Lewinsky would often call her 
and say she wanted to see the President, sometimes to discuss a 
particular topic.378 Ms. Currie would ask President 
Clinton, and, if he agreed, arrange the meeting.379 
Ms. Currie also said it was ``not unusual'' that Ms. Lewinsky 
would talk by phone with the President and then call Ms. Currie 
to set up a meeting.380 At times, Ms. Currie placed 
calls to Ms. Lewinsky for President Clinton and put him on the 
line.381
---------------------------------------------------------------------------
    \378\ Currie 5/7/98 GJ at 63.
    \379\ Currie 5/6/98 GJ at 97-98.
    \380\ Currie 5/6/98 GJ 14-15.
    \381\ Currie 5/6/98 GJ at 52-53, 94-96.
---------------------------------------------------------------------------
    The meetings between the President and Ms. Lewinsky often 
occurred on weekends.382 When Ms. Lewinsky would 
arrive at the White House, Ms. Currie generally would be the 
one to authorize her entry and take her to the West 
Wing.383 Ms. Currie acknowledged that she sometimes 
would come to the White House for the sole purpose of having 
Ms. Lewinsky admitted and bringing her to see the 
President.384 According to Ms. Currie, Ms. Lewinsky 
and the President were alone together in the Oval Office or the 
study for 15 to 20 minutes on multiple occasions.385
---------------------------------------------------------------------------
    \382\ 827-DC-00000002, 827-DC-00000018 (Ms. Lewinsky's WAVES 
records).
    \383\ Currie 5/6/98 GJ at 57-58.
    \384\ Currie 5/6/98 GJ at 84-85. In a later appearance before the 
grand jury, Ms. Currie testified that she could no longer recall any 
occasions when she came just to admit Ms. Lewinsky, but she could not 
rule it out. Currie 7/22/98 GJ at 24.
    \385\ Currie 1/27/98 GJ at 32-33. See also Currie 5/6/98 GJ at 98; 
Currie 7/22/98 GJ at 25-26, 41. Ms. Currie subsequently wavered on this 
point. Currie 7/22/98 GJ at 14 (``[t]he President, for all intents and 
purposes, is never alone''); id. at 15-16 (testifying that President 
and Ms. Lewinsky, in study together, were ``not alone'' so long as Ms. 
Currie was at her desk); id. at 25 (agreeing that Ms. Lewinsky and 
President were alone together); id. at 131 (``I was always there. And I 
considered them not to be alone * * *. I always thought that my 
presence there meant that they were not alone.''). Cf. Clinton 8/17/98 
GJ at 134 (``there were a lot of times when we were alone, but I never 
really thought we were'').
---------------------------------------------------------------------------
    Secret Service officers and agents took note of Ms. 
Currie's role. Officer Steven Pape once observed Ms. Currie 
come to the White House for the duration of Ms. Lewinsky's 
visit, then leave.386 When calling to alert the 
officer at the West Wing lobby that Ms. Lewinsky was en route, 
Ms. Currie would sometimes say, ``[Y]ou know who it is.'' 
387 On one occasion, Ms. Currie instructed Officer 
Brent Chinery to hold Ms. Lewinsky at the lobby for a few 
minutes because she needed to move the President to the 
study.388 On another occasion, Ms. Currie told 
Officer Chinery to have Ms. Lewinsky held at the gate for 30 to 
40 minutes because the President already had a 
visitor.389
---------------------------------------------------------------------------
    \386\ Pape 5/18/98 Int. at 3-4.
    \387\ Chinery 6/11/98 Depo. at 33.
    \388\ Chinery 6/11/98 Depo. at 44-45; Chinery 7/23/98 GJ at 49.
    \389\ Chinery 7/23/98 GJ at 8; Chinery 6/11/98 Depo. at 13-17. For 
other Secret Service corroboration of Ms. Currie's role, see Chinery 7/
23/98 GJ at 49-50; Chinery 6/11/98 Depo. at 33, 37, 44; Garabito 7/30/
98 GJ at 44-47; Shegogue 8/4/98 GJ at 11, 14-19, 24-27.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that she once asked the President 
why Ms. Currie had to clear her in, and why he could not do so 
himself. ``[H]e said because if someone comes to see him, 
there's a list circulated among the staff members and then 
everyone would be questioning why I was there to see him.'' 
390
---------------------------------------------------------------------------
    \390\ Lewinsky 8/20/98 GJ at 5. See also id. at 14; Lewinsky 8/19/
98 Int. at 5.
---------------------------------------------------------------------------
            b. Intermediary for Gifts
    Ms. Lewinsky also sent over a number of packages--six or 
eight, Ms. Currie estimated.391 According to Ms. 
Currie, Ms. Lewinsky would call and say she was sending 
something for the President.392 The package would 
arrive addressed to Ms. Currie.393 Courier receipts 
show that Ms. Lewinsky sent seven packages to the White House 
between October 7 and December 8, 1997.394 Evidence 
indicates that Ms. Lewinsky on occasion also dropped parcels 
off with Ms. Currie or had a family member do so,395 
and brought gifts to the President when visiting 
him.396 Ms. Currie testified that most packages from 
Ms. Lewinsky were intended for the President.397
---------------------------------------------------------------------------
    \391\ Currie 5/6/98 GJ at 88-89. See also id. at 184; Currie 5/14/
98 GJ at 78.
    \392\ Currie 5/6/98 GJ at 88-89.
    \393\ Currie 5/14/98 GJ at 72-74, 91; Currie 1/24/98 Int. at 3.
    \394\ 837-DC-00000001; 837-DC-00000004; 837-DC-00000006; 837-DC-
0000008; 837-DC-00000011; 837-DC-00000014; 837-DC-00000018.
    \395\ Lewinsky 7/31/98 Int. at 13; Marcia Lewis 2/11/98 GJ at 28-
30; T1 at 63-64.
    \396\ Dragotta 8/13/98 GJ at 10-11; Janney 8/13/98 GJ at 7, 9-11, 
14; Niedzwiecki 7/30/98 GJ at 12-13, 20-21; Pape 8/5/98 GJ at 24; Keith 
Williams 7/23/98 GJ at 14.
    \397\ Currie 5/14/98 GJ at 72-73.
---------------------------------------------------------------------------
    Although Ms. Currie generally opened letters and parcels to 
the President, she did not open these packages from Ms. 
Lewinsky.398 She testified that ``I made the 
determination not to open'' such letters and packages because 
``I felt [they were] probably personal.'' 399 
Instead, she would leave the package in the President's box, 
and ``[h]e would pick it up.'' 400 To the best of 
her knowledge, such parcels always reached the 
President.401
---------------------------------------------------------------------------
    \398\ Currie 5/14/98 GJ at 73-74, 86-89; Currie 7/22/98 GJ at 51-
52.
    \399\ Currie 5/14/98 GJ at 88-89. See also id. at 91; Currie 7/22/
98 GJ at 49-50 (testifying that she did not open sealed cards from Ms. 
Lewinsky to President but ``may have read'' unsealed ones).
    \400\ Currie 5/6/98 GJ at 88-89. See also Currie 5/14/98 GJ at 78.
    \401\ ``The President got everything anyone sent him.'' Currie 5/6/
98 GJ at 129.
---------------------------------------------------------------------------
            c. Secrecy
    Ms. Currie testified that she suspected impropriety in the 
President's relationship with Ms. Lewinsky.402 She 
told the grand jury that she ``had concern.'' In her words: 
``[H]e was spending a lot of time with a 24-year-old young 
lady. I know he has said that young people keep him involved in 
what's happening in the world, so I knew that was one reason, 
but there was a concern of mine that she was spending more time 
than most.'' 403 Ms. Currie understood that ``the 
majority'' of the President's meetings with Ms. Lewinsky were 
``more personal in nature as opposed to business.'' 
404
---------------------------------------------------------------------------
    \402\ Currie 5/14/98 GJ at 143-45; Currie 1/24/98 Int. at 8.
    \403\ Currie 5/6/98 GJ at 157-58.
    \404\ Currie 5/6/98 GJ at 156; Currie 7/22/98 GJ at 42-43.
---------------------------------------------------------------------------
    Ms. Currie also testified that she tried to avoid learning 
details of the relationship between the President and Ms. 
Lewinsky. On one occasion, Ms. Lewinsky said of herself and the 
President, ``As long as no one saw us--and no one did--then 
nothing happened.'' Ms. Currie responded: ``Don't want to hear 
it. Don't say any more. I don't want to hear any more.'' 
405
---------------------------------------------------------------------------
    \405\ Currie 1/27/98 GJ at 63-64. See also Currie 5/6/98 GJ at 164; 
Currie 7/22/98 GJ at 31-33. According to Ms. Lewinsky, the President at 
one point told her similarly that ``if the two people who are involved 
[in a relationship] say it didn't happen--it didn't happen.'' Lewinsky 
2/1/98 Statement at 10, para. 11.
---------------------------------------------------------------------------
    Ms. Currie helped keep the relationship secret. When the 
President wanted to talk with Ms. Lewinsky, Ms. Currie would 
dial the call herself rather than go through White House 
operators, who keep logs of presidential calls made through the 
switchboard.406 When Ms. Lewinsky phoned and Ms. 
Currie put the President on the line, she did not log the call, 
though the standard procedure was to note all calls, personal 
and professional.407 According to Secret Service 
uniformed officers, Ms. Currie sometimes tried to persuade them 
to admit Ms. Lewinsky to the White House compound without 
making a record of it.408
---------------------------------------------------------------------------
    \406\ Currie 5/14/98 GJ at 131-43. Ms. Currie testified: ``I think 
* * * what I was trying to do was allow the President to have personal 
and private phone calls if he wanted to. And the appearance of any 
impropriety, I didn't want to have it.'' Id. at 141.
    \407\ Currie 7/22/98 GJ at 33-35.
    \408\ Dragotta 8/13/98 GJ at 8-10; Pape 8/5/98 GJ at 17-18. Asked 
if she had tried to persuade officers not to log in Ms. Lewinsky's 
visits, Ms. Currie testified: ``I hope I didn't. I can't imagine--and I 
can't imagine that it could be.'' Currie 7/22/98 GJ at 115. None of the 
Uniformed Division officers interviewed by the OIC acknowledged having 
permitted Ms. Lewinsky to enter the White House without proper 
clearance. However, as noted elsewhere, there is clear evidence that 
Ms. Lewinsky was in the White House on days for which no records show 
her entry or exit.
---------------------------------------------------------------------------
    In addition, Ms. Currie avoided writing down or retaining 
most messages from Ms. Lewinsky to the President. In response 
to a grand jury subpoena, the White House turned over only one 
note to the President concerning Ms. Lewinsky--whereas evidence 
indicates that Ms. Lewinsky used Ms. Currie to convey requests 
and messages to the President on many occasions.409
---------------------------------------------------------------------------
    \409\ V006-DC-00003712 (2/24/97 message). Records show seven calls 
from Ms. Lewinsky's line to Ms. Currie's line on December 5, 1997, for 
example, and six calls the following day. 1216-DC-00000022.
---------------------------------------------------------------------------
    When bringing Ms. Lewinsky in from the White House gate, 
Ms. Currie said she sometimes chose a path that would reduce 
the likelihood of being seen by two White House employees who 
disapproved of Ms. Lewinsky: Stephen Goodin and Nancy 
Hernreich.410 Ms. Currie testified that she once 
brought Ms. Lewinsky directly to the study, ``sneaking her 
back'' via a roundabout path to avoid running into Mr. 
Goodin.411 When Ms. Lewinsky visited the White House 
on weekends and at night, being spotted was not a problem--in 
Ms. Currie's words, ``there would be no need to sneak''--so Ms. 
Lewinsky would await the President in Ms. Currie's 
office.412
---------------------------------------------------------------------------
    \410\ Currie 5/6/98 GJ at 16-17, 20-21, 68-70, 73-74, 85-86; Currie 
5/7/98 GJ at 8. See also 1037-DC-00000341 (email).
    \411\ Currie 5/6/98 GJ at 73-74, 85-86. Ms. Currie later said that 
``I don't want the impression of sneaking, but it's just that I brought 
her in without anyone seeing her.'' Id. at 156. Ms. Lewinsky confirmed 
that Ms. Currie helped her avoid Mr. Goodin and others. Lewinsky 8/20/
98 GJ at 15; Lewinsky 7/27/98 Int. at 4; Lewinsky 8/3/98 Int. at 5; 
Lewinsky 8/24/98 Int. at 7.
    \412\ Currie 5/6/98 GJ at 84-85.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, she once expressed concern about 
records showing the President's calls to her, and Ms. Currie 
told her not to worry.413 Ms. Lewinsky also 
suspected that Ms. Currie was not logging in all of her gifts 
to the President.414 In Ms. Lewinsky's evaluation, 
many White House staff members tried to regulate the 
President's behavior, but Ms. Currie generally did as he 
wished.415
---------------------------------------------------------------------------
    \413\ Lewinsky 7/31/98 Int. at 4.
    \414\ Lewinsky 8/5/98 Int. at 3.
    \415\ Lewinsky 7/31/98 Int. at 5. Ms. Lewinsky told confidants 
about Ms. Currie's role. Catherine Davis 3/17/98 GJ at 17, 33, 37-38; 
Erbland 2/12/98 GJ at 43; Finerman 3/18/98 Depo. at 39-40; Raines 1/29/
98 GJ at 49; Ungvari 3/19/98 GJ at 38-40; 1037-DC-00000337-338 (email 
from Ms. Lewinsky); 1037-DC-00000001-02 (card from Ms. Lewinsky).
---------------------------------------------------------------------------

2. Observations by Secret Service Officers

    Officers of the Secret Service Uniformed Division noted Ms. 
Lewinsky's 1997 visits to the White House. From radio traffic 
about the President's movements, several officers observed that 
the President often would head for the Oval Office within 
minutes of Ms. Lewinsky's entry to the complex, especially on 
weekends, and some noted that he would return to the Residence 
a short time after her departure. 416 ``It was just 
like clockwork,'' according to one officer.417 
Concerned about the President's reputation, another officer 
suggested putting Ms. Lewinsky on a list of people who were not 
to be admitted to the White House. A commander responded that 
it was none of their business whom the President chose to see, 
and, in any event, nobody would ever find out about Ms. 
Lewinsky.418
---------------------------------------------------------------------------
    \416\ Carbonetti 6/16/98 Int. at 2; Chinery 6/11/98 Depo. at 39-40; 
Janney 5/27/98 Int. at 2; LaDow 5/27/98 Int. at 3; Ludtke 6/5/98 Int. 
at 2; Pape 8/5/98 GJ at 23-24; Pape 5/18/98 Int. at 3-6.
    \417\ Chinery 7/23/98 GJ at 50.
    \418\ Pape 5/18/98 Int. at 5.
---------------------------------------------------------------------------

                    B. Valentine's Day Advertisement

    On February 14, 1997, the Washington Post published a 
Valentine's Day ``Love Note'' that Ms. Lewinsky had placed. The 
ad said:

                                HANDSOME

With love's light wings did
I o'er perch these walls
For stony limits cannot hold love out,
And what love can do that dares love attempt.--Romeo and Juliet 
            2:2
                                   Happy Valentine's Day.
                                   M 419
---------------------------------------------------------------------------
    \419\ Washington Post, 2/14/97, ``Love Notes'' at 44 (824-DC-
00000013--14). See also 1078-DC-00000002. A copy of the ad was found in 
the box of gifts and other items that Ms. Lewinsky, after being 
subpoenaed in the Jones case, gave Ms. Currie for safekeeping. 824-DC-
00000013--14; Lewinsky 8/20/98 GJ at 71-72. Ms. Lewinsky told several 
people about the ad. Catherine Davis 3/17/98 GJ at 28; Finerman 3/18/98 
Depo. at 22-23; Marcia Lewis 2/10/98 GJ at 59-61; Raines 1/29/98 GJ at 
109. In email on February 13, she said she planned to check her 
telephone messages from London (where she would be on Valentine's Day) 
``in the hopes that the creep will call and say `Thank you for my love 
note. I love you. Will you run away with me?' What do ya think the 
likelihood of that happening is?'' 833-DC-00001934. On February 19, she 
wrote in an email that the President had not left any message for her 
on Valentine's Day. 833-DC-00009446.
---------------------------------------------------------------------------

                         C. February 24 Message

    On February 24, Ms. Lewinsky visited the White House on 
Pentagon business.420 She went by Ms. Currie's 
office.421 Ms. Currie sent a note to the President--
the only such note turned over by the White House in response 
to a grand jury subpoena: ``Monica Lewinsky stopped by. Do you 
want me to call her?'' 422
---------------------------------------------------------------------------
    \420\ 827-DC-00000018 (Epass records); Kessinger 2/24/98 Int. at 2.
    \421\ 833-DC-00001906 (email from Ms. Lewinsky to Ms. Tripp).
    \422\ V006-DC-00003712.
---------------------------------------------------------------------------

                    D. February 28 Sexual Encounter

    According to Ms. Lewinsky, she and the President had a 
sexual encounter on Thursday, February 28--their first in 
nearly 11 months. White House records show that Ms. Lewinsky 
attended the taping of the President's weekly radio address on 
February 28.423 She was at the White House from 5:48 
to 7:07 p.m.424 The President was in the Roosevelt 
Room (where the radio address was taped) from 6:29 to 6:36 
p.m., then moved to the Oval Office, where he remained until 
7:24 p.m.425 He had no telephone calls while Ms. 
Lewinsky was in the White House.426
---------------------------------------------------------------------------
    \423\ V006-DC-00003720 (radio address attendance list).
    \424\ 827-DC-00000018; V006-DC-00000008; V006-DC-00001796.
    \425\ 1222-DC-00000234; 968-DC-00000073.
    \426\ 968-DC-00003506.
---------------------------------------------------------------------------
    Wearing a navy blue dress from the Gap, Ms. Lewinsky 
attended the radio address at the President's invitation 
(relayed by Ms. Currie), then had her photo taken with the 
President.427 Ms. Lewinsky had not been alone with 
the President since she had worked at the White House, and, she 
testified, ``I was really nervous.'' 428 President 
Clinton told her to see Ms. Currie after the photo was taken 
because he wanted to give her something.429 ``So I 
waited a little while for him and then Betty and the President 
and I went into the back office,'' Ms. Lewinsky 
testified.430 (She later learned that the reason Ms. 
Currie accompanied them was that Stephen Goodin did not want 
the President to be alone with Ms. Lewinsky, a view that Mr. 
Goodin expressed to the President and Ms. 
Currie.431) Once they had passed from the Oval 
Office toward the private study, Ms. Currie said, ``I'll be 
right back,'' and walked on to the back pantry or the dining 
room, where, according to Ms. Currie, she waited for 15 to 20 
minutes while the President and Ms. Lewinsky were in the 
study.432 Ms. Currie (who said she acted on her own 
initiative) testified that she accompanied the President and 
Ms. Lewinsky out of the Oval Office because ``I didn't want any 
perceptions, him being alone with someone.'' 433
---------------------------------------------------------------------------
    \427\ Lewinsky 8/26/98 Depo. at 45-46, 48-49; Lewinsky 8/6/98 GJ at 
30.
    \428\ Lewinsky 8/6/98 GJ at 45-46.
    \429\ Lewinsky 8/26/98 Depo. at 46.
    \430\ Lewinsky 8/6/98 GJ at 30.
    \431\ Lewinsky 8/6/98 GJ at 30-31, 46-47; Lewinsky 7/30/98 Int. at 
15; Lewinsky 7/31/98 Int. at 5. Mr. Goodin and Ms. Currie confirmed 
that Ms. Lewinsky stayed behind and talked with the President after the 
radio address. Currie 1/27/98 GJ at 34; Goodin 2/17/98 GJ at 52, 55. 
Mr. Goodin testified that he approached the President and ``basically 
offer[ed] to chase her away because I didn't know if that was a good 
use of his time,'' but the President replied that ``she's a friend of a 
political supporter.'' Goodin 2/17/98 GJ at 56. Nancy Hernreich, who 
was not present at the radio address, testified that Mr. Goodin told 
her about Ms. Lewinsky's presence there on the following work day. 
Hernreich 2/26/98 GJ at 5-9.
    \432\ Currie 7/22/98 GJ at 130-31; Currie 1/27/98 GJ at 34-35; 
Lewinsky 8/6/98 GJ at 31; Lewinsky 7/30/98 Int. at 15.
    \433\ Currie 7/22/98 GJ at 131. Ms. Currie also maintained that the 
President and Ms. Lewinsky were ``[n]ever out of eyesight.'' Id. at 
135. The President, however, acknowledged ``inappropriate intimate 
contact'' with Ms. Lewinsky on February 28 and testified that, to the 
best of his knowledge, Ms. Currie never witnessed any such encounters 
between himself and Ms. Lewinsky. Clinton 8/17/98 GJ at 10, 53-54.
---------------------------------------------------------------------------
    In the study, according to Ms. Lewinsky, the President 
``started to say something to me and I was pestering him to 
kiss me, because * * * it had been a long time since we had 
been alone.'' 434 The President told her to wait a 
moment, as he had presents for her.435 As belated 
Christmas gifts, he gave her a hat pin and a special edition of 
Walt Whitman's Leaves of Grass.436 Ms. Lewinsky 
described the Whitman book as ``the most sentimental gift he 
had given me * * * it's beautiful and it meant a lot to me.'' 
437 During this visit, according to Ms. Lewinsky, 
the President said he had seen her Valentine's Day message in 
the Washington Post, and he talked about his fondness for 
``Romeo and Juliet.'' 438
---------------------------------------------------------------------------
    \434\ Lewinsky 8/26/98 Depo. at 46-47.
    \435\ Lewinsky 8/26/98 Depo. at 46-47.
    \436\ Lewinsky 8/26/98 Depo. at 47; Lewinsky 8/6/98 GJ at 31. Ms. 
Currie testified that the President later asked her, ``Did Monica show 
you the hat pin I gave her?'' Currie 5/6/98 GJ at 142.
    \437\ Lewinsky 8/6/98 GJ at 156. See also Lewinsky 8/20/98 GJ at 
72; Lewinsky 8/26/98 Depo. at 47; Currie 5/6/98 GJ at 101-102; 
Catherine Davis 3/17/98 GJ 30-31; Erbland 2/12/98 GJ at 40-41; Finerman 
3/18/98 Depo. at 15-16; Marcia Lewis 2/10/98 GJ at 51-52; Raines 1/29/
98 GJ at 53-55.
---------------------------------------------------------------------------
        A draft of Ms. Lewinsky's thank-you note (to ``Dear Mr. 
      P'') was found in her apartment. It says in part:

        All of my life, everyone has always said that I am a 
      difficult person for whom to shop, and yet, you managed to 
      choose two absolutely perfect presents! A little phrase 
      (with only eight letters) like ``thank you'' simply cannot 
      begin to express what I feel for what you have given me. 
      Art & poetry are gifts to my soul!
        I just love the hat pin. It is vibrant, unique and a 
      beautiful piece of art. My only hope is that I have a hat 
      fit to adorn it (ahhh, I see another excuse to go 
      shopping)! I know that I am bound to receive compliments on 
      it.
        I have only read excerpts from ``Leaves of Grass'' 
      before--never in its entirety or in such a beautifully 
      bound edition. Like Shakespeare, Whitman's writings are so 
      timeless. I find solace in works from the past that remain 
      profound and somehow always poignant. Whitman is so rich 
      that one must read him like one tastes a fine wine or good 
      cigar--take it in, roll it in your mouth, and savor it!
        I hope you know how very grateful I am for these gifts, 
      especially your gift of friendship. I will treasure them 
      all * * * always.
MSL-DC-00000621--622 (emphasis in original) (ellipsis in original). Ms. 
Lewinsky said she sent a version of this letter to the President and 
enclosed a necktie. Lewinsky 8/4/98 Int. at 5.
---------------------------------------------------------------------------
    \438\ Lewinsky 8/24/98 Int. at 7; Finerman 3/18/98 Depo. at 22; 
Raines 1/29/98 GJ at 109.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that after the President gave her 
the gifts, they had a sexual encounter:

          [W]e went back over by the bathroom in the hallway, 
        and we kissed. We were kissing and he unbuttoned my 
        dress and fondled my breasts with my bra on, and then 
        took them out of my bra and was kissing them and 
        touching them with his hands and with his mouth.
          And then I think I was touching him in his genital 
        area through his pants, and I think I unbuttoned his 
        shirt and was kissing his chest. And then * * * I 
        wanted to perform oral sex on him * * * and so I did. 
        And then * * * I think he heard something, or he heard 
        someone in the office. So, we moved into the bathroom.
          And I continued to perform oral sex and then he 
        pushed me away, kind of as he always did before he 
        came, and then I stood up and I said * * * I care about 
        you so much; * * * I don't understand why you won't let 
        me * * * make you come; it's important to me; I mean, 
        it just doesn't feel complete, it doesn't seem 
        right.439
---------------------------------------------------------------------------
    \439\ Lewinsky 8/26/98 Depo. at 47-48. See also Lewinsky 8/6/98 GJ 
at 31, 38-39.
---------------------------------------------------------------------------
Ms. Lewinsky testified that she and the President hugged, and 
``he said he didn't want to get addicted to me, and he didn't 
want me to get addicted to him.'' They looked at each other for 
a moment.440 Then, saying that ``I don't want to 
disappoint you,'' the President consented.441 For 
the first time, she performed oral sex through 
completion.442
---------------------------------------------------------------------------
    \440\ Lewinsky 8/26/98 Depo. at 47-48. See also Lewinsky 8/6/98 GJ 
at 31, 38-39.
    \441\ Lewinsky 7/30/98 Int. at 15.
    \442\ Lewinsky 8/26/98 Depo. at 48.
---------------------------------------------------------------------------
    When Ms. Lewinsky next took the navy blue Gap dress from 
her closet to wear it, she noticed stains near one hip and on 
the chest.443 FBI Laboratory tests revealed that the 
stains are the President's semen.444
---------------------------------------------------------------------------
    \443\ Lewinsky 8/6/98 GJ at 32, 39-40. Ms. Lewinsky testified that 
she did not keep the soiled dress as a souvenir. She said she does not 
ordinarily clean her clothes until she is ready to wear them again. ``I 
was going to clean it. I was going to wear it again.'' Lewinsky 8/6/98 
GJ at 41. She also testified that she was not certain that the stains 
were semen. She had dined out after the radio address, ``[s]o it could 
be spinach dip or something.'' Lewinsky 8/6/98 GJ at 40. See also 
Lewinsky 7/29/98 Int. at 17.
    \444\ FBI Lab Reports, 8/6/98, 8/17/98.
---------------------------------------------------------------------------
    In his grand jury testimony, the President--who, because 
the OIC had asked him for a blood sample (and had represented 
that it had ample evidentiary justification for making such a 
request), had reason to suspect that Ms. Lewinsky's dress might 
bear traces of his semen--indicated that he and Ms. Lewinsky 
had had sexual contact on the day of the radio address. He 
testified:

          I was sick after it was over and I, I was pleased at 
        that time that it had been nearly a year since any 
        inappropriate contact had occurred with Ms. Lewinsky. I 
        promised myself it wasn't going to happen again. The 
        facts are complicated about what did happen and how it 
        happened. But, nonetheless, I'm responsible for 
        it.445
---------------------------------------------------------------------------
    \445\ Clinton 8/17/98 GJ at 55.

Later the President added, referring to the evening of the 
radio address: ``I do believe that I was alone with her from 15 
to 20 minutes. I do believe that things happened then which 
were inappropriate.'' 446 He said of the intimate 
relationship with Ms. Lewinsky: ``I never should have started 
it, and I certainly shouldn't have started it back after I 
resolved not to in 1996.'' 447
---------------------------------------------------------------------------
    \446\ Clinton 8/17/98 GJ at 138.
    \447\ Clinton 8/17/98 GJ at 136-37.
---------------------------------------------------------------------------

                      E. March 29 Sexual Encounter

     According to Ms. Lewinsky, she had what proved to be her 
final sexual encounter with the President on Saturday, March 
29, 1997. Records show that she was at the White House from 
2:03 to 3:16 p.m., admitted by Ms. Currie.448 The 
President was in the Oval Office during this period (he left 
shortly after Ms. Lewinsky did, at 3:24 p.m.), and he did not 
have any phone calls during her White House 
visit.449
---------------------------------------------------------------------------
    \448\ V006-DC-00000008 (WAVES records); V006-DC-00001792 (WAVES 
request). Phone records indicate that Ms. Lewinsky called Ms. Currie 
for one minute at 8:37 a.m. that day. 1014-DC-00000022.
    \449\ 968-DC-00000236 (presidential diary); V006-DC-00002130 
(movement log); 968-DC-00003510 (phone log). Mrs. Clinton was in 
Africa. 968-DC-00003843 (schedule).
---------------------------------------------------------------------------
    According to Ms. Lewinsky, Ms. Currie arranged the meeting 
after the President said by telephone that he had something 
important to tell her. At the White House, Ms. Currie took her 
to the study to await the President. He came in on crutches, 
the result of a knee injury in Florida two weeks 
earlier.450
---------------------------------------------------------------------------
    \450\ Lewinsky 7/30/98 Int. at 16; Lewinsky 8/20/98 GJ at 67-69; 
Lewinsky 8/24/98 Int. at 7.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, their sexual encounter began 
with a sudden kiss: ``[T]his was another one of those occasions 
when I was babbling on about something, and he just kissed me, 
kind of to shut me up, I think.'' 451 The President 
unbuttoned her blouse and touched her breasts without removing 
her bra.452 ``[H]e went to go put his hand down my 
pants, and then I unzipped them because it was easier. And I 
didn't have any panties on. And so he manually stimulated me.'' 
453 According to Ms. Lewinsky, ``I wanted him to 
touch my genitals with his genitals,'' and he did so, lightly 
and without penetration. 454 Then Ms. Lewinsky 
performed oral sex on him, again until he 
ejaculated.455
---------------------------------------------------------------------------
    \451\ Lewinsky 8/26/98 Depo. at 49.
    \452\ Lewinsky 8/26/98 Depo. at 50.
    \453\ Lewinsky 8/26/98 Depo. at 50.
    \454\ Lewinsky 8/26/98 Depo. at 51. See also Lewinsky 8/20/98 GJ at 
68-69; Lewinsky 7/30/98 Int. at 16. Ms. Lewinsky testified that their 
genitals only briefly touched: ``[W]e sort of had tried to do that, but 
because he's so tall and he couldn't bend because of his knee, it 
didn't really work.'' Lewinsky 8/26/98 Depo. at 51.
    \455\ Lewinsky 8/20/98 GJ at 68-69; Lewinsky 8/26/98 Depo. at 50; 
Lewinsky 7/30/98 Int. at 16.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, she and the President had a 
lengthy conversation that day. He told her that he suspected 
that a foreign embassy (he did not specify which one) was 
tapping his telephones, and he proposed cover stories. If ever 
questioned, she should say that the two of them were just 
friends. If anyone ever asked about their phone sex, she should 
say that they knew their calls were being monitored all along, 
and the phone sex was just a put-on.456
---------------------------------------------------------------------------
    \456\ Lewinsky 7/30/98 Int. at 16.
---------------------------------------------------------------------------
    In his grand jury testimony, the President implicitly 
denied this encounter. He acknowledged ``inappropriate intimate 
contact'' with Ms. Lewinsky ``on certain occasions in early 
1996 and once in early 1997.'' 457 The President 
indicated that ``the one occasion in 1997'' was the radio 
address.458
---------------------------------------------------------------------------
    \457\ Clinton 8/17/98 GJ at 10.
    \458\ Clinton 8/17/98 GJ at 54-55, 137-38.
---------------------------------------------------------------------------

                       F. Continuing Job Efforts

    With the 1996 election past, meanwhile, Ms. Lewinsky had 
continued striving to get a job at the White House. She 
testified that she first broached the issue in a telephone call 
with the President in January 1997, and he said he would speak 
to Bob Nash, Director of Presidential Personnel.459 
She understood that Mr. Nash was supposed to ``find a position 
for me to come back to the White House.'' 460
---------------------------------------------------------------------------
    \459\ Lewinsky 8/6/98 GJ at 66; Lewinsky 7/27/98 Int. at 5; 
Lewinsky 7/31/98 Int. at 8; Lewinsky 2/1/98 Statement at 1-2; MSL-DC-
00001052; T1 at 38. Mr. Nash said he had never heard of Ms. Lewinsky 
before January 1998. Nash 3/19/98 Int. at 1; Nash 9/2/98 Int. at 1.
    \460\ Lewinsky 8/6/98 GJ at 67.
---------------------------------------------------------------------------
    Over the months that followed, Ms. Lewinsky repeatedly 
asked the President to get her a White House job. In her 
recollection, the President replied that various staff members 
were working on it, including Mr. Nash and Marsha Scott, Deputy 
Assistant to the President and Deputy Director for Presidential 
Personnel.461 According to Ms. Lewinsky, the 
President told her:
---------------------------------------------------------------------------
    \461\ Lewinsky 8/6/98 GJ at 66-67; Lewinsky 7/27/98 Int. at 5; 
Lewinsky 8/5/98 Int. at 2.

          ``Bob Nash is handling it,'' ``Marsha's going to 
        handle it'' and ``We just sort of need to be careful.'' 
        You know, and * * * he would always sort of * * * 
        validate what I was feeling by telling me something 
        that I don't necessarily know is true. ``Oh, I'll talk 
        to her,'' ``I'll--you know, I'll see blah, blah, 
        blah,'' and it was just ``I'll do,'' ``I'll do,'' 
        ``I'll do.'' And didn't, didn't, didn't.462
---------------------------------------------------------------------------
    \462\ Lewinsky 8/6/98 GJ at 86-87.

    Ms. Lewinsky came to wonder if she was being ``strung 
along.'' 463
---------------------------------------------------------------------------
    \463\ Lewinsky 8/26/98 Depo. at 62.
---------------------------------------------------------------------------
    Testifying before the grand jury, the President 
acknowledged that Ms. Lewinsky had complained to him about her 
job situation:

          You know, she tried for months and months to get a 
        job back in the White House, not so much in the West 
        Wing but somewhere in the White House complex, 
        including the Old Executive Office Building. * * * She 
        very much wanted to come back. And she interviewed for 
        some jobs but never got one. She was, from time to 
        time, upset about it.464
---------------------------------------------------------------------------
    \464\ Clinton 8/17/98 GJ at 113-14. Later the President said: ``I 
didn't order her to be hired at the White House. I could have done so. 
I wouldn't do it.'' Id. at 124. But see Scott 3/19/98 GJ at 76 (``When 
Mr. Bowles came in, one of the agreements that I think he got from the 
President was that he would control the hiring within the White House 
and that no Assistant to the President would be forced to take people 
within their shop that they did not want and were not qualified.'').

            VII. May 1997: Termination of Sexual Relationship

    In May 1997, amid indications that Ms. Lewinsky had been 
indiscreet, President Clinton terminated the sexual 
relationship.

              a. questions about ms. lewinsky's discretion

    In April or May 1997, according to Ms. Lewinsky, the 
President asked if she had told her mother about their intimate 
relationship. She responded: ``No. Of course not.'' 
465 (In truth, she had told her mother. 
466) The President indicated that Ms. Lewinsky's 
mother possibly had said something about the nature of the 
relationship to Walter Kaye, who had mentioned it to Marsha 
Scott, who in turn had alerted the President. 467
---------------------------------------------------------------------------
    \465\  Lewinsky 8/6/98 GJ at 97-99; Lewinsky 7/27/98 Int. at 3.
    \466\  Lewinsky 8/6/98 GJ at 87; Lewinsky 7/27/98 Int. at 3.
    \467\  Lewinsky 8/6/98 GJ at 98-99; Lewinsky 7/27/98 Int. at 3. See 
also Lewinsky 9/3/98 Int. at 1.
---------------------------------------------------------------------------
    Corroborating Ms. Lewinsky's account, Mr. Kaye testified 
that he told Ms. Lewinsky's aunt, Debra Finerman, that he 
understood that ``her niece was very aggressive,'' a remark 
that angered Ms. Finerman. Ms. Finerman told Mr. Kaye that the 
President was the true aggressor: He was telephoning Ms. 
Lewinsky late at night. Ms. Finerman, in Mr. Kaye's 
recollection, attributed this information to Marcia Lewis, Ms. 
Lewinsky's mother (and Ms. Finerman's sister). Mr. Kaye--who 
had disbelieved stories he had heard from Democratic National 
Committee people about an affair between Ms. Lewinsky and the 
President--testified that he was ``shocked'' to hear of the 
late-night phone calls. 468
---------------------------------------------------------------------------
    \468\  Kaye 5/21/98 GJ at 103-108. Ms. Finerman testified that she 
did have a conversation along these lines with Mr. Kaye. Finerman 3/18/
98 Depo. at 52-57. Mr. Kaye testified that he could not recall having 
discussed Ms. Lewinsky with Ms. Scott. Kaye 5/21/98 GJ at 44. Ms. Scott 
testified that she could not recall talking to Mr. Kaye about Ms. 
Lewinsky in this period, or talking to him about phone calls between 
Ms. Lewinsky and the President at any time. Scott 3/31/98 GJ at 53.
---------------------------------------------------------------------------

                          b. may 24: break-up

    On Saturday, May 24, 1997, according to Ms. Lewinsky, the 
President ended their intimate relationship. Ms. Lewinsky was 
at the White House that day from 12:21 to 1:54 p.m. 
469 The President was in the Oval Office during most 
of this period, from 11:59 a.m. to 1:47 p.m. 470 He 
did not have any telephone calls. 471
---------------------------------------------------------------------------
    \469\  827-DC-00000018 (Epass records).
    \470\  1222-DC-00000242.
    \471\  968-DC-00003533.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, she got a call from Ms. Currie 
at about 11 a.m. that day, inviting her to come to the White 
House at about 1 p.m. Ms. Lewinsky arrived wearing a straw hat 
with the hat pin the President had given her, and bringing 
gifts for him, including a puzzle and a Banana Republic shirt. 
She gave him the gifts in the dining room, and they moved to 
the area of the study. 472
---------------------------------------------------------------------------
    \472\  Lewinsky 8/4/98 Int. at 2-3.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, the President explained that 
they had to end their intimate relationship. 473 
Earlier in his marriage, he told her, he had had hundreds of 
affairs; but since turning 40, he had made a concerted effort 
to be faithful. 474 He said he was attracted to Ms. 
Lewinsky, considered her a great person, and hoped they would 
remain friends. He pointed out that he could do a great deal 
for her. The situation, he stressed, was not Ms. Lewinsky's 
fault. 475 Ms. Lewinsky, weeping, tried to persuade 
the President not to end the sexual relationship, but he was 
unyielding, then and subsequently. 476 Although she 
and the President kissed and hugged thereafter, according to 
Ms. Lewinsky, the sexual relationship was over. 477
---------------------------------------------------------------------------
    \473\  Lewinsky 8/6/98 GJ at 24-25, 101.
    \474\  Lewinsky 8/4/98 Int. at 2; Lewinsky 7/31/98 Int. at 16.
    \475\  Lewinsky 8/4/98 Int. at 2-3.
    \476\  Lewinsky 8/4/98 Int. at 3. Ms. Lewinsky later told 
confidants about the May 24 break-up. Catherine Davis 3/17/98 GJ at 
133-35; Erbland 2/12/98 GJ at 46-47; Kassorla 8/28/98 Int. at 4; Raines 
1/29/98 GJ at 58-59; Tripp 7/14/98 GJ at 78-84; Ungvari 3/19/98 GJ at 
80. Dr. Kassorla, Ms. Lewinsky's therapist, told Ms. Lewinsky that the 
President's statement sounded rehearsed and insincere. Kassorla 8/28/98 
Int. at 4.
    A fragment of a deleted file recovered from Ms. Lewinsky's home 
computer apparently refers to the President's May 24 announcement:

      . . . cannot do anything but accept that. However, I also 
      cannot ignore what we have shared together. I don't care 
      what you say, but if you were 100% fulfilled in your 
      marriage I never would have seen that raw, intense 
      sexuality that I saw a few times--watching your mouth on my 
      breast or looking in your eyes while you explored the depth 
      of my sex. Instead, it would have been a routine encounter 
      void of anything but a sexual release. I do not want you to 
---------------------------------------------------------------------------
      breach your moral standard . . . .

MSL-55-DC-0094; MSL-55-DC-0124 (spelling and punctuation corrected).
---------------------------------------------------------------------------
    \477\  Lewinsky 8/6/98 GJ at 25. See also Lewinsky 7/27/98 Int. at 
3 (birthday kiss 8/16/97; Christmas kiss 12/28/97); id. at 7 (President 
told her that Christmas kiss was permissible). Ms. Lewinsky tried to 
initiate genital contact with the President on August 16, 1997, but he 
rebuffed her. Lewinsky 8/20/98 GJ at 70.
---------------------------------------------------------------------------
    Three days after this meeting, on May 27, 1997, the Supreme 
Court unanimously rejected President Clinton's claim that the 
Constitution immunized him from civil lawsuits. The Court 
ordered the sexual harassment case Jones v. Clinton to proceed. 
478
---------------------------------------------------------------------------
    \478\ Clinton v. Jones, 117 S. Ct. 1636 (1997).
---------------------------------------------------------------------------

         VIII. June-October 1997: Continuing Meetings and Calls

    Ms. Lewinsky tried to return to the White House staff and 
to revive her sexual relationship with the President, but she 
failed at both.

                       A. Continuing Job Efforts

    Although Ms. Lewinsky was not offered another White House 
job, some testimony indicates that the President tried to get 
her one.
    According to Betty Currie, the President instructed her and 
Marsha Scott to help Ms. Lewinsky find a White House 
job.479 Ms. Currie testified that she resisted the 
request, because her opinion of Ms. Lewinsky had shifted over 
time. At first, she testified, she considered Ms. Lewinsky ``a 
friend'' who ``had been wronged'' and had been ``maligned 
improperly.''480 But ``[l]ater on, I considered her 
as a pain in the neck, more or less.''481 The change 
of heart resulted in part from Ms. Currie's many phone calls in 
1997 from Ms. Lewinsky, who was often distraught and sometimes 
in tears over her inability to get in touch with the 
President.482 Deeming her ``a little bit pushy,'' 
Ms. Currie argued against bringing Ms. Lewinsky back to work at 
the White House, but the President told her and Ms. Scott, in 
Ms. Currie's words, ``to still pursue her coming 
back.''483 Indeed, according to Ms. Currie, the 
President ``was pushing us hard'' on the matter. 484 
To the best of Ms. Currie's recollection, it was the only time 
the President instructed her to try to get someone a White 
House job.485
---------------------------------------------------------------------------
    \479\ Currie 5/6/98 GJ at 31-33; Currie 5/7/98 GJ at 44, 68; Currie 
5/14/98 GJ at 6-8, 148. Ms. Currie was uncertain when this occurred. 
Currie 5/6/98 GJ at 31.
    \480\ Currie 5/6/98 GJ at 45; Currie 5/14/98 GJ at 146.
    \481\ Currie 5/14/98 GJ at 146.
    \482\ Currie GJ 5/14/98 at 121; Currie GJ 5/6/98 at 13, 81.
    \483\ Currie 5/7/98 GJ at 43-44.
    \484\ Currie 5/7/98 GJ at 68.
    \485\ Currie 5/7/98 GJ at 69. Contrary to Ms. Currie's testimony, 
Ms. Scott testified that the President never asked her to help Ms. 
Lewinsky, though they may have discussed it. In Ms. Scott's account, 
she met with Ms. Lewinsky as a favor to Ms. Currie. Scott 3/19/98 GJ at 
20, 32, 37, 78-79, 84-85; Scott 3/26/98 GJ at 13, 15; Scott 3/31/98 GJ 
at 43-44. For his part, the President testified that he talked with Ms. 
Scott about bringing Ms. Lewinsky back to work at the White House, 
though he did not order her to hire Ms. Lewinsky. Clinton 8/17/98 GJ at 
130.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, the President told her to talk 
with Ms. Scott about a White House job in spring 
1997.486 On June 16, she met with Ms. 
Scott.487 The meeting did not go as Ms. Lewinsky 
anticipated. She later recounted in an email message:
---------------------------------------------------------------------------
    \486\ Lewinsky 8/6/98 GJ at 67; Lewinsky 8/24/98 Int. at 7. Ms. 
Lewinsky also tried to get a White House job through other avenues. She 
applied for a position at the National Security Council and had 
interviews there on May 1 and June 11. Lewinsky 7/27/98 Int. at 5; 
Bailey 5/26/98 GJ at 23; Dimel 2/18/98 Int. at 1; Friedrich 7/17/98 
Int. at 1; Stott 2/27/98 Int. at 2; V006-DC-00000008 (WAVES records); 
827-DC-00000018 (Epass records); 833-DC-00001876 (Tripp email regarding 
a job announcement); V006-DC-00000221-224 (Dimel documents). She was 
not chosen for the job. V006-DC-00000223-224 (Dimel letter). She also 
pursued a job in the White House press office. Lewinsky 7/27/98 Int. at 
5. At one point Ms. Lewinsky told the President that she had applied 
for these jobs, and he responded that he needed to know in advance if 
he was to help her. Lewinsky 7/27/98 Int. at 5.
    \487\ 827-DC-00000018 (Epass records); V006-DC-00000008 (WAVES 
records); Scott GJ 3/19/98 at 17.

          There is most certainly a disconnect on what [the 
        President] said he told her and how she acted. She 
        didn't even know what my title or my job was * * * She 
        didn't have any job openings to offer. Instead, she 
        made me go over what happened when I had to leave (who 
        told me), and then proceeded to confirm the Evelyn 
        [Lieberman] story about my ``inappropriate behavior.'' 
        Then she asked me: with such nasty women there and 
        people gossiping about me, why did I want to come back? 
        I was so upset. I really did not feel it was her place 
        to question me about that. Later on, I said something 
        about being told I could come back after November and 
        she wanted to know who told me that! So I have placed a 
---------------------------------------------------------------------------
        call to him but I don't know what is going to happen.

    Ms. Lewinsky added that she was inclined ``to walk away 
from it all,'' but acknowledged that ``I'm always saying this 
and then I change my mind.''488
---------------------------------------------------------------------------
    \488\ 1037-DC-00000265-266 (spelling and punctuation corrected). 
See also Finerman 3/18/98 Depo. at 50-51 (recounting this meeting); 
Tripp 7/14/98 GJ at 89-91 (recounting this meeting).
---------------------------------------------------------------------------
    Though she characterized her recollection as ``all 
jumbled,'' Ms. Scott corroborated much of Ms. Lewinsky's 
account.489 Ms. Scott said that at some point she 
did ask Ms. Lewinsky why she wanted to return to the White 
House.490 Ms. Scott also said that she was unaware 
of Ms. Lewinsky's job title before their meeting.491
---------------------------------------------------------------------------
    \489\ Scott 3/19/98 GJ at 52. See also Scott 3/26/98 GJ at 16-17.
    \490\ Scott 3/19/98 GJ at 74.
    \491\ Scott 3/19/98 GJ at 87.
---------------------------------------------------------------------------
    Over the next three weeks, Ms. Lewinsky tried repeatedly, 
without success, to talk with the President about her job 
quest. In a draft of a letter to Ms. Currie, she wrote that the 
President ``said to me that he had told [Ms. Scott] I had 
gotten a bum deal, and I should get a good job in the West 
Wing,'' but Ms. Scott did not seem eager to arrange for Ms. 
Lewinsky's return. Ms. Lewinsky wrote:

          I was surprised that she would question his judgment 
        and not just do what he asked of her. Is it possible 
        that, in fact, he did not tell her that? Does he really 
        not want me back in the complex? He has not responded 
        to my note, nor has he called me. Do you know what is 
        going on? If so, are you able to share it with 
        me?492
---------------------------------------------------------------------------
    \492\ 833-DC-00001070.

Ms. Currie testified to ``a vague recollection'' of having seen 
this letter.493
---------------------------------------------------------------------------
    \493\ Currie 5/7/98 GJ at 35; see id. at 39.
---------------------------------------------------------------------------
    On June 29, 1997, Ms. Lewinsky wrote several notes. In a 
draft letter to Ms. Scott, Ms. Lewinsky wrote that ``our last 
conversation was very upsetting to me,'' and added:
          Marsha, I was told that I could come back after the 
        election. I knew why I had to leave last year by mid-
        April, and I have been beyond patient since then. I do 
        not think it is fair to . . . be told by the person 
        whom I was told would get me a job that there is 
        nothing for me and she doesn't really hear about 
        positions [in] the complex anyway. I know that in your 
        eyes I am just a hindrance--a woman who doesn't have a 
        certain someone's best interests at heart, but please 
        trust me when I say I do. 494
---------------------------------------------------------------------------
    \494\ MSL-DC-00001176--1177. A revised version of the letter was 
also found in Ms. Lewinsky's apartment. MSL-DC-00001192. Consistent 
with a statement in the draft, Ms. Scott testified that ``I don't hear 
about White House jobs.'' Scott 3/19/98 GJ at 90. Ms. Scott also 
testified that she recalled only a short thank-you note after her June 
16 meeting with Ms. Lewinsky, though she did receive a ``real pissy 
letter'' from Ms. Lewinsky at some point, which she threw away. Scott 
3/19/98 GJ at 77; Scott 3/26/98 GJ at 18.

    Ms. Lewinsky also drafted a note to the President pleading 
for a brief meeting the following Tuesday. Referring to her 
inability to get in touch with him, she wrote: ``Please do not 
do this to me. I feel disposable, used and insignificant. I 
understand your hands are tied, but I want to talk to you and 
look at some options.'' 495 Around this time, Ms. 
Lewinsky told a friend that she was considering moving to 
another city or country.496
---------------------------------------------------------------------------
    \495\ MSL-DC-00001227 (emphasis in original). Ms. Lewinsky sent a 
version of the note. Lewinsky 8/4/98 Int. at 6. Records indicate that 
Ms. Lewinsky was in Madrid the following week and in Los Angeles later 
in the month. MSL-DC-00001221; 852-DC-00000035; 929-DC-00000056; 852-
DC-00000037.
    \496\ 1037-DC-00000103, 1037-DC-00000280, 1037-DC-00000296 (email 
from Catherine Davis to Ms. Lewinsky referring to ``[y]our idea about 
working in another city or country'') (multiple copies of same 
message).
---------------------------------------------------------------------------

                            B. July 3 Letter

    ``[V]ery frustrated'' over her inability to get in touch 
with the President to discuss her job situation, Ms. Lewinsky 
wrote him a peevish letter on July 3, 1997.497 
Opening ``Dear Sir,'' the letter took the President to task for 
breaking his promise to get her another White House 
job.498 Ms. Lewinsky also obliquely threatened to 
disclose their relationship. If she was not going to return to 
work at the White House, she wrote, then she would ``need to 
explain to my parents exactly why that wasn't happening.'' Some 
explanation was necessary because she had told her parents that 
she would be brought back after the election.499 
(Ms. Lewinsky testified that she would not actually have told 
her father about the relationship--she had already told her 
mother--but she wanted to remind the President that she had 
``left the White House like a good girl in April of '96,'' 
whereas other people might have threatened disclosure in order 
to retain the job.500)
---------------------------------------------------------------------------
    \497\ Lewinsky 7/29/98 Int. at 8.
    \498\ Lewinsky 8/6/98 GJ at 68, 87; Lewinsky 7/29/98 Int. at 7-8; 
Lewinsky 8/11/98 Int. at 6.
    \499\ Lewinsky 8/6/98 GJ at 68, 87. See also Lewinsky 7/29/98 Int. 
at 7-8; Lewinsky 8/11/98 Int. at 6.
    \500\ Lewinsky 8/6/98 GJ at 68-69, 87-89. See also Lewinsky 8/26/98 
Depo. at 62-63.
---------------------------------------------------------------------------
    Ms. Lewinsky also raised the possibility of a job outside 
Washington. If returning to the White House was impossible, she 
asked in this letter, could he get her a job at the United 
Nations in New York?501 It was the first time that 
she had told the President that she was considering 
moving.502
---------------------------------------------------------------------------
    \501\ Lewinsky 8/6/98 GJ at 68, 87; Lewinsky 7/29/98 Int. at 7-8; 
Lewinsky 8/11/98 Int. at 6.
    \502\ Lewinsky 7/29/98 Int. at 8; Lewinsky 8/13/98 Int. at 1. Ms. 
Lewinsky said she thought of the United Nations because a former 
Pentagon colleague worked there and liked it. Lewinsky 8/13/98 Int. at 
1.
---------------------------------------------------------------------------
    Although not questioned about this particular letter, the 
President testified that he believed Ms. Lewinsky might 
disclose their intimate relationship once he stopped it. He 
testified:

          After I terminated the improper contact with her, she 
        wanted to come in more than she did. She got angry when 
        she didn't get in sometimes. I knew that that might 
        make her more likely to speak, and I still did it 
        because I had to limit the contact.503
---------------------------------------------------------------------------
    \503\ Clinton 8/17/98 GJ at 124.

    After receiving the July 3 letter, though, the President 
agreed to see Ms. Lewinsky. In her account, Ms. Currie called 
that afternoon and told her to come to the White House at 9 
a.m. the next day.504
---------------------------------------------------------------------------
    \504\ Lewinsky 8/6/98 GJ at 69. See also Lewinsky 7/29/98 Int. at 
8.
---------------------------------------------------------------------------

                           C. July 4 Meeting

    On Friday, July 4, 1997, Ms. Lewinsky had what she 
characterized as a ``very emotional'' visit with the 
President.505 Records show that Ms. Lewinsky entered 
the White House at 8:51 a.m.; no exit time is 
recorded.506 Logs indicate that the President was in 
the Oval Office from 8:40 until after 11 a.m.507
---------------------------------------------------------------------------
    \505\ Lewinsky 8/6/98 GJ at 69. See also Lewinsky 7/29/98 Int. at 
7.
    \506\ 827-DC-00000018.
    \507\ V006-DC-00002140; V006-DC-00002214.
---------------------------------------------------------------------------
    In Ms. Lewinsky's recollection, their meeting began 
contentiously, with the President scolding her: ``[I]t's 
illegal to threaten the President of the United 
States.''508 He then told her that he had not read 
her July 3 letter beyond the ``Dear Sir'' line; he surmised 
that it was threatening because Ms. Currie looked upset when 
she brought it to him. (Ms. Lewinsky suspected that he actually 
had read the whole thing.) 509 Ms. Lewinsky 
complained about his failure to get her a White House job after 
her long wait. Although the President claimed he wanted to be 
her friend, she said, he was not acting like it. Ms. Lewinsky 
began weeping, and the President hugged her. While they hugged, 
she spotted a gardener outside the study window, and they moved 
into the hallway by the bathroom.510
---------------------------------------------------------------------------
    \508\ Lewinsky 8/6/98 GJ at 75. See also Lewinsky 7/29/98 Int. at 
8; Lewinsky 8/4/98 Int. at 4.
    \509\ Lewinsky 7/29/98 Int. at 8-9.
    \510\ Lewinsky 8/26/98 Depo. at 54-55; Lewinsky 7/27/98 Int. at 3.
---------------------------------------------------------------------------
    There, the President was ``the most affectionate with me 
he'd ever been,'' Ms. Lewinsky testified. He stroked her arm, 
toyed with her hair, kissed her on the neck, praised her 
intellect and beauty.511 In Ms. Lewinsky's 
recollection:
---------------------------------------------------------------------------
    \511\ Lewinsky 8/26/98 Depo. at 55-56.

          [H]e remarked * * * that he wished he had more time 
        for me. And so I said, well, maybe you will have more 
        time in three years. And I was * * * thinking just when 
        he wasn't President, he was going to have more time on 
        his hands. And he said, well, I don't know, I might be 
        alone in three years. And then I said something about * 
        * * us sort of being together. I think I kind of said, 
        oh, I think we'd be a good team, or something like 
        that. And he * * * jokingly said, well, what are we 
        going to do when I'm 75 and I have to pee 25 times a 
        day? And * * * I told him that we'd deal with that * * 
        *  512
---------------------------------------------------------------------------
    \512\ Lewinsky 8/26/98 Depo. at 56-57. See also Lewinsky 7/28/98 
Int. at 6.

Ms. Lewinsky testified that ``I left that day sort of 
emotionally stunned,'' for ``I just knew he was in love with 
me.''513
---------------------------------------------------------------------------
    \513\ Lewinsky 8/26/98 Depo. at 56-57. See also Catherine Davis 3/
17/98 GJ at 180; Tripp 7/7/98 GJ at 55-56; 845-DC-00000193 (Tripp 
notes).
---------------------------------------------------------------------------
    Just before leaving, according to Ms. Lewinsky, she told 
the President ``that I wanted to talk to him about something 
serious and that while I didn't want to be the one to talk 
about this with him, I thought it was important he 
know.''514 She informed him that Newsweek was 
working on an article about Kathleen Willey, a former White 
House volunteer who claimed that the President had sexually 
harassed her during a private meeting in the Oval Office on 
November 23, 1993. (Ms. Lewinsky knew of the article from Ms. 
Tripp, who had worked at the White House at the time of the 
alleged incident and had heard about the incident from Ms. 
Willey. Michael Isikoff of Newsweek had talked with Ms. Tripp 
about the episode in March 1997 and again shortly before July 
4, and Ms. Tripp had subsequently related the Isikoff 
conversations to Ms. Lewinsky.515) Ms. Lewinsky told 
the President what she had learned from Ms. Tripp (whom she did 
not name), including the fact that Ms. Tripp had tried to get 
in touch with Deputy White House Counsel Bruce Lindsey, who had 
not returned her calls.516
---------------------------------------------------------------------------
    \514\ Lewinsky 8/6/98 GJ at 72. See also Lewinsky 8/4/98 Int. at 4.
    \515\ Lewinsky 8/6/98 GJ at 70-71; Tripp 7/14/98 GJ at 107-116.
    \516\ Lewinsky GJ 8/6/98 at 72, 77; Lewinsky 302 7/29/98 at 7. 
According to Ms. Tripp, she had tried to alert Mr. Lindsey about the 
contact from Mr. Isikoff, but Mr. Lindsey, with whom she had worked at 
the White House, did not return her calls and pages. Ms. Tripp 
testified that she tried to reach him because ``he was one of the 
protectors'' of the President. Tripp 7/14/98 GJ at 111. Mr. Lindsey 
testified that he returned a page from Ms. Tripp, but not until July or 
August. Lindsey 2/18/98 GJ at 132-33.
---------------------------------------------------------------------------
    Ms. Lewinsky testified about why she conveyed this 
information to the President: ``I was concerned that the 
President had no idea this was going on and that this woman was 
going to be another Paula Jones and he didn't really need 
that.'' 517 She understood that Ms. Willey was 
looking for a job, and she thought that the President might be 
able to ``make this go away'' by finding her a 
job.518
---------------------------------------------------------------------------
    \517\ Lewinsky 8/6/98 GJ at 71.
    \518\ Lewinsky 8/6/98 GJ at 73-74; Lewinsky 7/29/98 Int. at 7.
---------------------------------------------------------------------------
    The President responded that the harassment allegation was 
ludicrous, because he would never approach a small-breasted 
woman like Ms. Willey.519 He further said that, 
during the previous week, Ms. Willey had called Nancy Hernreich 
to warn that a reporter was working on a story about Ms. Willey 
and the President; Ms. Willey wondered how she could get out of 
it.520
---------------------------------------------------------------------------
    \519\ Lewinsky 7/29/98 Int. at 7; Lewinsky 8/11/98 Int. at 5.
    \520\ Lewinsky 8/6/98 GJ at 73; Lewinsky 7/29/98 Int. at 7.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, the President had no telephone 
calls during her time with him. At 10:19 a.m., probably after 
her departure (her exit time is not shown on logs), he placed 
two calls, both potentially follow-ups to the conversation 
about the Newsweek article. First, he spoke with Bruce Lindsey 
for three minutes, then with Nancy Hernreich for 11 
minutes.521
---------------------------------------------------------------------------
    \521\ 968-DC-00003546.
---------------------------------------------------------------------------

                D. July 14-15 Discussions of Linda Tripp

    On the evening of Monday, July 14, 1997, just after Ms. 
Lewinsky had returned from an overseas trip, the President had 
her come to the White House to discuss Linda Tripp and 
Newsweek.522 Ms. Lewinsky entered the White House at 
9:34 p.m. and exited at 11:22 p.m.523 The President 
was in the Oval Office area from 9:28 to 11:25 
p.m.524
---------------------------------------------------------------------------
    \522\ Lewinsky 8/6/98 GJ at 75.
    \523\ 827-DC-00000018; see also Steven Pape 5/18/98 Depo. at 3.
    \524\ V006-DC-00002142 (movement logs).
---------------------------------------------------------------------------
    Ms. Lewinsky testified that, at around 7:30 p.m. that 
evening, Ms. Currie telephoned and said that the President 
wanted to talk to her or see her. At about 8:30 or 9:00 p.m., 
Ms. Currie called again and asked Ms. Lewinsky to come to the 
White House.525
---------------------------------------------------------------------------
    \525\ Lewinsky 8/6/98 GJ at 75-76; Lewinsky 7/29/98 Int. at 9. Ms. 
Currie did not recall Ms. Lewinsky's visit of July 14. Currie 7/22/98 
GJ at 81.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that the President met her in Ms. 
Currie's office, then took her into Ms. Hernreich's 
office.526 (Records show that seven minutes after 
Ms. Lewinsky's entry to the White House complex, the President 
left the Oval Office for the appointment secretary's 
office.)527 According to Ms. Lewinsky:
---------------------------------------------------------------------------
    \526\ Lewinsky 8/6/98 GJ at 76.
    \527\ 1222-DC-00000251 (movement logs).

          It was an unusual meeting . * * * It was very distant 
        and very cold. * * * [A]t one point he asked me if the 
        woman that I had mentioned on July 4th was Linda Tripp. 
        And I hesitated and then answered yes, and he talked 
        about that there was some issue * * * to do with 
        Kathleen Willey and that, as he called it, that there 
        was something on the Sludge Report, that there had been 
        some information.528
---------------------------------------------------------------------------
    \528\ Lewinsky 8/6/98 GJ at 76. The President was referring to the 
Drudge Report, carried on the Internet, which had reported on July 4 
(the day of Ms. Lewinsky's previous White House visit) that Michael 
Isikoff of Newsweek was ``hot on the trail'' of a story involving ``a 
federal employee sexually propositioned by the President on federal 
property.'' Drudge Report 7/4/97. See also Washington Post, 8/11/97 at 
D1 (on Drudge Report's scoop of Newsweek).

    The President told Ms. Lewinsky that Ms. Willey had called 
the White House again, this time to report that Mr. Isikoff 
somehow knew of her earlier White House call.529 The 
President wondered if Ms. Lewinsky had mentioned the Willey 
call to Ms. Tripp, who in turn might have told Mr. Isikoff. Ms. 
Lewinsky acknowledged that she had done so. Ms. Lewinsky 
testified: ``[H]e was concerned about Linda, and I reassured 
him. He asked me if I trusted her, and I said yes.'' 
530 The President asked Ms. Lewinsky to try to 
persuade Ms. Tripp to call Mr. Lindsey.531 The 
President, according to Ms. Lewinsky, also asked if she had 
confided anything about their relationship to Ms. Tripp. Ms. 
Lewinsky said (falsely) that she had not.532
---------------------------------------------------------------------------
    \529\ Lewinsky 8/6/98 GJ at 76-77.
    \530\ Lewinsky 8/6/98 GJ at 77.
    \531\ Lewinsky 8/6/98 GJ at 77-78; Tripp 7/16/98 GJ at 12.
    \532\ Lewinsky 8/6/98 GJ at 78; Lewinsky 7/27/98 Int. at 3; 
Lewinsky 7/29/98 Int. at 10; Tripp 7/14/98 GJ at 117-19; Tripp 7/16/98 
GJ at 9.
---------------------------------------------------------------------------
    The President left to participate in a conference call, 
which Ms. Lewinsky understood was with his attorneys, while Ms. 
Lewinsky sat with Ms. Currie.533 According to White 
House records, at 10:03 p.m. the President participated in a 
51-minute conference call with Robert Bennett, his private 
attorney in the Jones case, and Charles Ruff, White House 
Counsel. Immediately after completing that call, the President 
had a six-minute phone conversation with Bruce 
Lindsey.534
---------------------------------------------------------------------------
    \533\ Lewinsky 8/6/98 GJ at 78-79.
    \534\ 968-DC-00003550.
---------------------------------------------------------------------------
    Afterward, the President returned and told Ms. Lewinsky, in 
her recollection, to notify Ms. Currie the following day, 
``without getting into details with her, even mentioning names 
with her,'' whether Ms. Lewinsky had ``'mission-accomplished' * 
* * with Linda.'' 535
---------------------------------------------------------------------------
    \535\ Lewinsky 8/6/98 GJ at 79; Tripp 7/16/98 at 12.
---------------------------------------------------------------------------
    The next day, according to Ms. Lewinsky, she did talk with 
Ms. Tripp, then called Ms. Currie and said she needed to talk 
with the President. He called her that evening. She told him 
``that I had tried to talk to Linda and that she didn't seem 
very receptive to trying to get in touch with Bruce Lindsey 
again, but that I would continue to try.''536 The 
President was in a sour mood, according to Ms. Lewinsky, and 
their conversation was brief.537
---------------------------------------------------------------------------
    \536\ Lewinsky 8/6/98 GJ at 796-80.
    \537\ Lewinsky 7/29/98 Int. at 10-11. Subsequently, Ms. Tripp did 
call Mr. Lindsey. He urged her to contact Robert Bennett, but she never 
did so. Lindsey 3/12/98 GJ at 3, 13; Lindsey 2/18/98 GJ at 132-40; 
Tripp 7/16/98 GJ at 12-14, 54-67, 75-80; Lewinsky 7/29/98 Int. at 11; 
T29 at 16; 880-DC-0000002--8.
---------------------------------------------------------------------------

                  E. July 16 Meeting with Marsha Scott

    On July 16, 1997, Ms. Lewinsky met again with Ms. Scott 
about returning to the White House.538 Ms. Scott 
said she would try to detail Ms. Lewinsky from the Pentagon to 
Ms. Scott's office on a temporary basis, according to Ms. 
Lewinsky.539 In that way, Ms. Scott said, Ms. 
Lewinsky could prove herself. Ms. Scott also said that ``they 
had to be careful and protect [the President].''540 
Both Ms. Scott and Ms. Currie confirmed that Ms. Scott talked 
with Ms. Lewinsky about the possibility of being detailed to 
work at the White House.541 Ms. Scott testified that 
she tried to arrange the detail on her own, without any 
direction from the President; Ms. Currie, however, testified 
that the President instructed her and Ms. Scott to try to get 
Ms. Lewinsky a job.542
---------------------------------------------------------------------------
    \538\ Scott 3/19/98 GJ at 64-72.
    \539\ Lewinsky 7/31/98 Int. at 9.
    \540\ Lewinsky 2/1/98 Statement at 2.
    \541\ Scott 3/26/98 GJ at 18-21; Currie 5/7/98 GJ at 68. Ms. 
Lewinsky also conferred with her supervisor, Kenneth Bacon, about being 
detailed back to the White House. He gave his approval and sent a 
letter recommending her. Bailey 2/6/98 Int. at 3; Bacon 2/26/98 Int. at 
2-3; 1012-DC-00000001; MSL-DC-00001230.
    \542\ Scott 3/19/98 GJ at 78-79; Scott 3/26/98 GJ at 13-15; Scott 
3/31/98 GJ at 43-44; Currie 5/7/98 GJ at 68.
---------------------------------------------------------------------------

                           F. July 24 Meeting

    On Thursday, July 24, 1997, the day after her 24th 
birthday, Ms. Lewinsky visited the White House from 6:04 to 
6:26 p.m., admitted by Ms. Currie.543 The President 
was in the Oval Office when she arrived; he moved to the study 
at 6:14 p.m. and remained there until her 
departure.544 He had no telephone calls during Ms. 
Lewinsky's visit.G5545
---------------------------------------------------------------------------
    \543\ 827-DC-00000018 (Epass records); V006-DC-00000008 (WAVES 
records); V006-DC-00001770 (WAVES request).
    \544\ 1222-DC-00000254 (movement logs).
    \545\ 968-DC-00003556 (phone logs).
---------------------------------------------------------------------------
    According to Ms. Lewinsky, she went to the White House to 
pick up a photograph from Ms. Currie, who said the President 
might be available for a quick meeting. Ms. Currie put Ms. 
Lewinsky in the Cabinet Room while the President finished 
another meeting, then took her to see him. They chatted for 
five to ten minutes, and the President gave Ms. Lewinsky, as a 
birthday present, an antique pin.546
---------------------------------------------------------------------------
    \546\ Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7; Lewinsky 8/24/98 Int. 
at 6.
---------------------------------------------------------------------------

                 G. Newsweek Article and Its Aftermath

    Newsweek published the Kathleen Willey story in its August 
11, 1997, edition (which appeared a week before the cover 
date). The article quoted Ms. Tripp as saying that Ms. Willey, 
after leaving the Oval Office on the day of the President's 
alleged advances, looked ``disheveled,'' ``flustered, happy, 
and joyful.'' The article also quoted Robert Bennett as saying 
that Ms. Tripp was ``not to be believed.''547
---------------------------------------------------------------------------
    \547\ Newsweek, 8/11/97 at 30.
---------------------------------------------------------------------------
    After the article appeared, Ms. Tripp wrote a letter to 
Newsweek charging that she had been misquoted, but the magazine 
did not publish it.548 Ms. Lewinsky subsequently 
told the President about Ms. Tripp's letter. He replied, Ms. 
Lewinsky said in a recorded conversation, ``Well, that's good 
because it sure seemed like she screwed me from that 
article.''549
---------------------------------------------------------------------------
    \548\ 845-DC-00000190 (letter); Tripp 7/16/98 GJ at 85-88.
    \549\ T30 at 166. Ms. Tripp responded: ``Oh, God. He thinks I 
screwed him in the article. I'm dead.'' Id.
---------------------------------------------------------------------------

                          H. August 16 Meeting

    On Saturday, August 16, 1997, Ms. Lewinsky tried, 
unsuccessfully, to resume her sexual relationship with the 
President. She visited the White House on that day from 9:02 to 
10:20 a.m.550 The President moved from the Residence 
to the Oval Office at 9:20 a.m. and remained in the Oval Office 
until 10:03 a.m.551 After a one-minute call to Betty 
Currie at her desk at 9:18 a.m., evidently from the Residence, 
the President had no calls while Ms. Lewinsky was at the White 
House 552 The next day he left for a vacation on 
Martha's Vineyard.553
---------------------------------------------------------------------------
    \550\ V006-DC-00000008 (WAVES records).
    \551\ V006-DC-00002146 (movement logs). Secret Service Officer 
Steven Pape testified about Ms. Lewinsky's August 16 visit. When Ms. 
Lewinsky entered the complex through the Southwest Gate, Officer Pape, 
who was familiar with Ms. Lewinsky's visits, predicted to another 
officer that the President would move to the Oval Office shortly. 
Officer Pape's prediction proved accurate: The President moved to the 
Oval Office, according to records, 18 minutes after Ms. Lewinsky 
entered the White House. Pape 8/5/98 GJ at 20-24; Myrick 8/13/98 GJ at 
5-9; V006-DC-00002146 (movement logs); V006-DC-00002095 (movement 
logs); V006-DC-00002147 (movement logs). See also Shegogue 8/4/98 GJ at 
10-11, 14-15, 17-20 (Secret Service officer recalling that Ms. Currie 
escorted Ms. Lewinsky into West Wing the day before President left for 
Martha's Vineyard).
    \552\ 968-DC-00003558.
    \553\ 968-DC-00002947.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that she brought birthday gifts for 
the President (his birthday is August 19):

          I had set up in his back office, I had brought an 
        apple square and put a candle and had put his birthday 
        presents out. And after he came back in and I sang 
        happy birthday and he got his presents, I asked him * * 
        * if we could share a birthday kiss in honor of our 
        birthdays, because mine had been just a few weeks 
        before. So, he said that that was okay and we could 
        kind of bend the rules that day. And so * * * we 
        kissed.554
---------------------------------------------------------------------------
    \554\ Lewinsky 8/26/98 Depo. at 52. See also Lewinsky 8/20/98 GJ at 
70.

Ms. Lewinsky touched the President's genitals through his pants 
and moved to perform oral sex, but the President rebuffed her. 
555 In her recollection: ``[H]e said, I'm trying not 
to do this and I'm trying to be good. * * * [H]e got visibly 
upset. And so * * * I hugged him and I told him I was sorry and 
not to be upset.'' 556 Later, in a draft note to 
``Handsome,'' Ms. Lewinsky referred to this visit: ``It was 
awful when I saw you for your birthday in August. You were so 
distant that I missed you as I was holding you in my arms.'' 
557
---------------------------------------------------------------------------
    \555\ Lewinsky 8/20/98 GJ at 70; Lewinsky 8/26/98 Depo. at 51-53.
    \556\ Lewinsky 8/26/98 Depo. at 52.
    \557\ DB-DC-00000022 (note dated 11/12/97). Ms. Lewinsky said that 
she sent this or a similar note to the President. Lewinsky 7/31/98 Int. 
at 2. See also 1037-DC-00000583 (email to Catherine Davis).
---------------------------------------------------------------------------

                       I. Continuing Job Efforts

    Ms. Lewinsky and Ms. Scott talked by phone on September 3, 
1997, for 47 minutes. 558 According to notes that 
Ms. Lewinsky wrote to two friends, Ms. Scott told her that the 
detail slot in her office had been eliminated. 559 
Ms. Lewinsky told one friend:
---------------------------------------------------------------------------
    \558\ 1051-DC-00000003 (Pentagon phone records).
    \559\ 1037-DC-00000086-87, 1037-DC-00000167, 1037-DC-00000255--256, 
1037-DC-00000258--259 (email to Catherine Davis); 1318-DC-00000001 
(card to Dale Young).

          So for now, there isn't any place for me to be 
        detailed. So I should be PATIENT. I told her I was very 
        upset and disappointed (even though I really didn't 
        want to work for her) and then she and I got into it. 
        She didn't understand why I wanted to come back when 
        there were still people there who would give me a hard 
        time and that it isn't the right political climate for 
        me to come back. . . . She asked me why I kept pushing 
        the envelope on coming back there--after all, I had the 
        experience of being there already. So it's over. I 
        don't know what I will do now but I can't wait any more 
        and I can't go through all of this crap anymore. In 
        some ways I hope I never hear from him again because 
        he'll just lead me on because he doesn't have the balls 
        to tell me the truth. 560
---------------------------------------------------------------------------
    \560\ 1037-DC-00000086-87, 1037-DC-00000167, 1037-DC-00000255-256, 
1037-DC-00000258--259 (email to Catherine Davis) (spelling and 
punctuation corrected).

Ms. Scott testified that ``[t]he gist'' of Ms. Lewinsky's email 
message describing the conversation ``fits with what I remember 
telling her.'' 561
---------------------------------------------------------------------------
    \561\ Scott 3/26/98 GJ at 142.
---------------------------------------------------------------------------
    Ms. Lewinsky expressed her escalating frustration in a note 
to the President that she drafted (but did not send). 
562 She wrote:

    \562\ Lewinsky 8/4/98 Int. at 5.
---------------------------------------------------------------------------
        I believe the time has finally come for me to throw in 
        the towel. My conversation with Marsha left me 
        disappointed, frustrated, sad and angry. I can't help 
        but wonder if you knew she wouldn't be able to detail 
        me over there when I last saw you. Maybe that would 
        explain your coldness. The only explanation I can 
        reason for your not bringing me back is that you just 
        plain didn't want to enough or care about me enough.

Ms. Lewinsky went on to discuss other women rumored to be 
involved with the President who enjoy ``golden positions,'' 
above criticism, ``because they have your approval.'' She 
continued: ``I just loved you--wanted to spend time with you, 
kiss you, listen to you laugh--and I wanted you to love me 
back.'' She closed: ``As I said in my last letter to you I've 
waited long enough. You and Marsha win. I give up. You let me 
down, but I shouldn't have trusted you in the first place. 
563
---------------------------------------------------------------------------
    \563\ MSL-DC-00001052 (spelling and punctuation corrected).
---------------------------------------------------------------------------
    Ms. Lewinsky continued trying to discuss her situation with 
the President. On Friday, September 12, 1997, she arrived at 
the White House without an appointment, called Ms. Currie, and 
had a long wait at the gate. When Ms. Currie came to meet her, 
Ms. Lewinsky was crying. Ms. Currie explained that sometimes 
the President's hands are tied--but, she said, she had gotten 
his authorization to ask John Podesta, the Deputy Chief of 
Staff, to help Ms. Lewinsky return to work at the White House. 
564
---------------------------------------------------------------------------
    \564\ Lewinsky 8/3/98 Int. at 6-7; Lewinsky 8/11/98 Int. at 5. See 
also 1037-DC-00000168 (email recounting episode). In mid or late 
September, according to Ms. Lewinsky, Ms. Currie told Ms. Lewinsky that 
she had spoken with Mr. Podesta. Lewinsky 7/31/98 Int. at 9; Lewinsky 
8/13/98 Int. at 2; Lewinsky 2/1/98 Statement at 2. (Ms. Lewinsky 
thought that the President was having Ms. Currie do the ``legwork'' of 
getting her a job out of concern about appearances. Lewinsky 8/13/98 
Int. at 3.) Mr. Podesta testified that he told Ms. Currie to have Ms. 
Lewinsky call him. Podesta 2/5/98 GJ at 35; Podesta 6/16/98 GJ at 12-
19. Ms. Currie testified that she does not remember getting that 
response from Mr. Podesta, and, if she had gotten it, she would have 
passed it on to Ms. Lewinsky. Currie 5/14/98 GJ at 149-51. According to 
Ms. Lewinsky, Ms. Currie mentioned Mr. Podesta to her in September 
1997, but never told her to call him. Lewinsky 8/24/98 Int. at 7. 
Subsequently, Ms. Currie asked Mr. Podesta to help Ms. Lewinsky get a 
New York job. Lewinsky 2/1/98 Statement at 2-3; Podesta 2/5/98 GJ at 
40-43; Podesta 6/16/98 GJ at 13.
---------------------------------------------------------------------------

                           J. Black Dog Gifts

    Before the President had left for vacation, Ms. Lewinsky 
had sent a note asking if he could bring her a T-shirt from the 
Black Dog, a popular Vineyard restaurant. 565 In 
early September, Ms. Currie gave several Black Dog items to Ms. 
Lewinsky. 566 In an email message to Catherine 
Davis, Ms. Lewinsky wrote: ``Well, I found out from Betty 
yesterday that he not only brought me a t-shirt, he got me 2 t-
shirts, a hat and a dress!!!! Even though he's a big schmuck, 
that is surprisingly sweet--even that he remembered!'' 
567
---------------------------------------------------------------------------
    \565\ 1037-DC-00000038-040; 1037-DC-00000167-169 (email to 
Catherine Davis).
    \566\ Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7.
    \567\ 1037-DC-00000038, 1037-DC-00000040, 1037-DC-00000167-169. Ms. 
Lewinsky told several people about the gifts. Catherine Davis 3/17/98 
GJ at 31-32, 109-111; Erbland 2/12/98 GJ at 39-42; Finerman 3/18/98 
Depo. at 14-15; Raines 1/29/98 GJ at 53-55; Tripp 7/16/98 GJ at 119-
120; 845-DC-00000193 (Tripp notes). According to the President and Ms. 
Currie, he gave the Black Dog items to Ms. Currie to distribute as she 
wished; he did not bring them specifically for Ms. Lewinsky. Clinton 1/
17/98 Depo. at 75-76; Currie 5/7/98 GJ at 73-78. Ms. Currie 
acknowledged, though, that in presenting the items to Ms. Lewinsky, she 
might have implied that President Clinton had gotten them especially 
for her. Currie 5/7/98 GJ at 78.
---------------------------------------------------------------------------

        K. Lucy Mercer Letter and Involvement of Chief of Staff

    A letter dated September 30, 1997, styled as an official 
memo, was found in Ms. Lewinsky's apartment. According to Ms. 
Lewinsky, she sent this letter or a similar one to the 
President. 568 Addressed to ``Handsome'' and bearing 
the subject line ``The New Deal,'' the faux memo proposed a 
visit that evening after ``everyone else goes home.'' Ms. 
Lewinsky wrote: ``You will show me that you will let me visit 
you sans a crisis, and I will be on my best behavior and not 
stressed out when I come (to see you, that is).'' She closed 
with an allusion to a woman rumored to have been involved with 
an earlier President: ``Oh, and Handsome, remember FDR would 
never have turned down a visit with Lucy Mercer!'' 
569
---------------------------------------------------------------------------
    \568\ Lewinsky 7/29/98 Int. at 16; Lewinsky 8/4/98 Int. at 5.
    \569\ MSL-DC-00001050. Beneath the text of the document, at the 
bottom of the page, Ms. Lewinsky added: ``JUST A REMINDER TO THROW THIS 
AWAY AND NOT SEND IT BACK TO THE STAFF SECRETARY!'' Id. The statement 
that Ms. Lewinsky and the President had not spent time together in six 
weeks evidently refers to her August 16 visit, before his vacation.
---------------------------------------------------------------------------
    Ms. Lewinsky did not visit the White House the night of 
September 30, but the President called her late the night of 
September 30 or October 1. 570 According to Ms. 
Lewinsky, he may have mentioned during this call that he would 
get Erskine Bowles to help her find a White House job. 
571
---------------------------------------------------------------------------
    \570\ Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7. On September 30, the 
President signed, under penalty of perjury, interrogatory responses in 
the sexual harassment case, answering Ms. Jones's allegations against 
him. V002-DC-00000008-15.
    \571\ Lewinsky 8/13/98 Int. at 1. In email, Ms. Lewinsky indicated 
that it was Ms. Currie who told her that the President was going to 
talk to the Chief of Staff. 1037-DC-00000168.
---------------------------------------------------------------------------
    At around this time, the President did ask the White House 
Chief of Staff to help in the job search. Mr. Bowles testified 
about a conversation with the President in the Oval Office: 
``He told me that there was a young woman--her name was Monica 
Lewinsky--who used to work at the White House; that Evelyn . . 
. thought she hung around the Oval Office too much and 
transferred her to the Pentagon.'' 572 The President 
asked Mr. Bowles to try to find Ms. Lewinsky a job in the Old 
Executive Office Building. 573 Mr. Bowles assigned 
his deputy, John Podesta, to handle it. 574
---------------------------------------------------------------------------
    \572\ Bowles 4/2/98 GJ at 12, 65-73.
    \573\ Bowles 4/2/98 GJ at 67-68.
    \574\ Bowles 4/2/98 GJ at 70, 74-75. Mr. Bowles placed this 
incident in late summer or early fall of 1997. Bowles 4/2/98 GJ at 65-
66. Mr. Podesta's account largely matches Mr. Bowles's, except that Mr. 
Podesta placed the incident in late spring or summer of 1997; he 
understood that Ms. Lewinsky wanted a job in the White House or an 
agency; and he recalled being told by Mr. Bowles that Ms. Lewinsky, 
according to the President, ``thought that she hadn't been treated 
fairly'' in being transferred to the Pentagon. Podesta 2/5/98 GJ at 21-
22.
---------------------------------------------------------------------------

                     L. News of Job Search Failure

    On October 6, 1997, according to Ms. Lewinsky, she was told 
that she would never work at the White House again. Ms. Tripp 
conveyed the news, which she indicated had come from a friend 
on the White House staff. Ms. Lewinsky testified:

          Linda Tripp called me at work on October 6th and told 
        me that her friend Kate in the NSC * * * had heard 
        rumors about me and that I would never work in the 
        White House again. * * * [Kate's] advice to me was 
        ``get out of town.'' 575
---------------------------------------------------------------------------
    \575\ Lewinsky 8/6/98 GJ at 102. See also Lewinsky GJ 8/6/98 at 
102; Lewinsky 7/29/98 Int. at 13; Lewinsky 7/31/98 Int. at 9; Tripp 7/
28/98 GJ at 110-111, 125-26. Ms. Tripp's friend Kate Friedrich, 
however, has denied having made the remarks that Ms. Tripp attributed 
to her. Friedrich 7/17/98 Int. at 1.

For Ms. Lewinsky, who had previously considered moving to New 
York, this call was the ``straw that broke the camel's back.'' 
576 She was enraged. 577
---------------------------------------------------------------------------
    \576\ Lewinsky 7/31/98 Int. at 10.
    \577\ Lewinsky 8/13/98 Int. at 1.
---------------------------------------------------------------------------
    In a note she drafted (but did not send), Ms. Lewinsky 
expressed her frustration. She wrote:

          Any normal person would have walked away from this 
        and said, ``He doesn't call me, he doesn't want to see 
        me--screw it. It doesn't matter.'' I can't let go of 
        you. * * * I want to be a source of pleasure and 
        laughter and energy to you. I want to make you smile.

She went on to relate that she had heard second-hand from a 
White House employee ``that I was `after the President' and 
would never be allowed to work [in] the complex.'' Ms. Lewinsky 
said she could only conclude ``that all you have promised me is 
an empty promise. * * * I am once again totally humiliated. It 
is very clear that there is no way I am going to be brought 
back.'' She closed the note: ``I will never do anything to hurt 
you. I am simply not that kind of person. Moreover, I love 
you.'' 578
---------------------------------------------------------------------------
    \578\ MSL-55-DC-0178 (spelling and punctuation corrected).
---------------------------------------------------------------------------
    When terminating their sexual relationship on May 24, the 
President had told Ms. Lewinsky that he hoped they would remain 
friends, for he could do a great deal for her. 579 
Now, having learned that he could not (or would not) get her a 
White House job, Ms. Lewinsky decided to ask him for a job in 
New York, perhaps at the United Nations--a possibility that she 
had mentioned to him in passing over the summer. On the 
afternoon of October 6, Ms. Lewinsky spoke of this plan to Ms. 
Currie, who quoted the President as having said earlier: ``Oh, 
that's no problem. We can place her in the UN like that.'' 
580
---------------------------------------------------------------------------
    \579\  Lewinsky 8/4/98 Int. at 2-3.
    \580\  T1 at 28.
---------------------------------------------------------------------------
    In a recorded conversation later on October 6, Ms. Lewinsky 
said she wanted two things from the President. The first was 
contrition: He needed to ``acknowledge * * * that he helped 
fuck up my life.'' 581 The second was a job, one 
that she could obtain without much effort: ``I don't want to 
have to work for this position. * * * I just want it to be 
given to me.'' 582 Ms. Lewinsky decided to write the 
President a note proposing that the two of them ``get together 
and work on some way that I can come out of this situation not 
feeling the way I do.'' 583 After composing the 
letter, she said: ``I want him to feel a little guilty, and I 
hope that this letter did that.'' 584
---------------------------------------------------------------------------
    \581\ T1 at 24.
    \582\ T1 at 61.
    \583\ T1 at 25.
    \584\ T13 at 19.
---------------------------------------------------------------------------
    In this letter, which was sent via courier on October 7, 
Ms. Lewinsky said she understood that she would never be given 
a White House job, and she asked for a prompt meeting to 
discuss her job situation. 585 She went on to 
advance a specific request:
---------------------------------------------------------------------------
    \585\  MSL-55-DC-00000001 (letter); 837-DC-00000001 (courier 
receipts); T1 at 97.

          I'd like to ask you to help me secure a position in 
        NY beginning 1 December. I would be very grateful, and 
        I am hoping this is a solution for both of us. I want 
        you to know that it has always been and remains more 
        important to me to have you in my life than to come 
        back. * * * Please don't let me down. 586
---------------------------------------------------------------------------
    \586\  MSL-55-DC-00000001.

          IX. October-November 1997: United Nations' Job Offer

    Having learned that she would not be able to return to the 
White House, Ms. Lewinsky sought the President's help in 
finding a job in New York City. The President offered to place 
her at the United Nations. After initial enthusiasm, Ms. 
Lewinsky cooled on the idea of working at the U.N., and she 
prodded the President to get her a job in the private sector.

                 a. october 10: telephone conversation

    According to Ms. Lewinsky, the President telephoned her at 
approximately 2:00 to 2:30 a.m. on Friday, October 
10.587 They spent much of the hour-and-a-half call 
arguing. ``[H]e got so mad at me, he must have been purple,'' 
she later recalled. 588
---------------------------------------------------------------------------
    \587\ Lewinsky 8/6/98 GJ at 103; Lewinsky 7/31/98 Int. at 10. See 
also Lewinsky 7/29/98 Int. at 6; Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-
7.
    \588\ T13 at 20.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, the President said: ``If I had 
known what kind of person you really were, I wouldn't have 
gotten involved with you.'' 589 He reminded Ms. 
Lewinsky that she had earlier promised, ``[i]f you just want to 
stop doing this, I'll * * * be no trouble.'' 590 Ms. 
Lewinsky said she challenged the President: ``[T]ell me * * * 
when I've caused you trouble.'' 591 The President 
responded, ``I've never worried about you. I've never been 
worried you would do something to hurt me.'' 592
---------------------------------------------------------------------------
    \589\ T8 at 30. See also Lewinsky 7/31/98 Int. at 10. See also MSL-
55-DC-0177 (draft letter from Ms. Lewinsky to the President referring 
to this remark); DB-DC-00000017 (another draft of same letter).
    \590\ T8 at 30.
    \591\ T8 at 30.
    \592\ T8 at 33.
---------------------------------------------------------------------------
    When the conversation shifted to her job search, Ms. 
Lewinsky complained that the President had not done enough to 
help her. He responded that, on the contrary, he was eager to 
help.593 The President said that he regretted Ms. 
Lewinsky's transfer to the Pentagon and assured her that he 
would not have permitted it had he foreseen the difficulty in 
returning her to the White House. 594 Ms. Lewinsky 
told him that she wanted a job in New York by the end of 
October, and the President promised to do what he 
could.595
---------------------------------------------------------------------------
    \593\ Lewinsky 7/31/98 Int. at 10; Lewinsky 7/27/98 Int. at 5.
    \594\ Lewinsky 7/31/98 Int. at 10.
    \595\ Lewinsky 7/31/98 Int. at 10.
---------------------------------------------------------------------------

                         b. october 11 meeting

    At approximately 8:30 a.m. on Saturday, October 11, 
according to Ms. Lewinsky, Ms. Currie called and told her that 
the President wished to see her.596 Ms. Lewinsky 
entered the White House at 9:36 a.m. and departed at 10:54 
a.m.597 The President entered the Oval Office at 
9:52 a.m.598
---------------------------------------------------------------------------
    \596\ Lewinsky 7/31/98 Int. at 11.
    \597\ 827-DC-00000018 (Epass records). Ms. Lewinsky's aunt, Debra 
Finerman, wrote in a note that ``Monica was called by Betty to come at 
9:30 this a.m.'' MSL-DC-00000456 (document found in Ms. Lewinsky's 
apartment in the course of a consensual search on January 22, 1998).
    \598\ 952-DC-00000060 (movement logs).
---------------------------------------------------------------------------
    Ms. Lewinsky met with the President in the study, and they 
discussed her job search.599 Ms. Lewinsky told the 
President that she wanted to pursue jobs in the private sector, 
and he told her to prepare a list of New York companies that 
interested her.600 Ms. Lewinsky asked the President 
whether Vernon Jordan, a well-known Washington attorney who she 
knew was a close friend of the President and had many business 
contacts, might help her find a job.601 According to 
Ms. Lewinsky, the President was receptive to the 
idea.602
---------------------------------------------------------------------------
    \599\ Lewinsky 8/6/98 GJ at 27-28 & Exh. ML-7.
    \600\ Lewinsky 8/6/98 GJ at 104; Lewinsky 8/13/98 Int. at 2-3; T2 
at 5.
    \601\ Lewinsky 8/6/98 GJ at 104; Lewinsky 7/31/98 Int. at 11-12. 
Ms. Lewinsky was not certain whether it was during the October 11 visit 
or their October 10 phone conversation that she first asked the 
President to speak to Mr. Jordan on her behalf. Lewinsky 8/6/98 GJ at 
104.
    \602\ Lewinsky 8/6/98 GJ at 104; Lewinsky 7/31/98 Int. at 11-12. 
Ms. Lewinsky later said that the President assured her that he would 
call her and give ``a report.'' T13 at 17-18.
---------------------------------------------------------------------------
    In a recorded conversation, Ms. Lewinsky said that, at the 
end of the October 11 meeting, she and the President joined Ms. 
Currie in the Oval Office. The President grabbed Ms. Lewinsky's 
arm and kissed her on the forehead.603 He told her: 
``I talked to Erskine [Bowles] about * * * trying to get John 
Hilley to give you * * * a good recommendation for your work 
here.'' 604
---------------------------------------------------------------------------
    \603\ T2 at 14. In the grand jury, Ms. Currie was shown a 
transcript of this recorded conversation and acknowledged that the 
meeting described by Ms. Lewinsky ``probably happened.'' Currie 5/6/98 
GJ at 187.
    \604\ T2 at 14. Although it is unclear whether the President spoke 
with Mr. Bowles about a recommendation for Ms. Lewinsky in October, 
there is evidence he did so on January 13, 1998. See infra at Section 
XIII.H.
---------------------------------------------------------------------------
    Later, Ms. Lewinsky and Ms. Tripp discussed their concerns 
about the President's involvement in Ms. Lewinsky's job search. 
Specifically, Ms. Lewinsky was nervous about involving the 
President's Chief of Staff:

          Ms. Lewinsky: Well, see, I don't really think--I'm 
        going to tell him that I don't think Erskine should 
        have anything to do with this. I don't think anybody 
        who works there should.
          Ms. Tripp: I don't see how that's--how that's a 
        problem.
          Ms. Lewinsky: Because look at what happened with Webb 
        Hubbell.605
---------------------------------------------------------------------------
    \605\ T2 at 10-11.

Ms. Lewinsky preferred that Vernon Jordan assist her in her job 
search:
          Ms. Tripp: Well, I don't remember during the Webb 
        Hubbell thing, was Vernon mentioned?
          Ms. Lewinsky: Yeah, but there's a big difference. I 
        think somebody could construe, okay? Somebody could 
        construe or say, ``Well, they gave her a job to shut 
        her up. They made her happy * * *. And he [Mr. Bowles] 
        works for the government and shouldn't have done 
        that.'' And with the other one [Mr. Jordan] you can't 
        say that.606
---------------------------------------------------------------------------
    \606\ T2 at 11-12.
---------------------------------------------------------------------------

                  c. october 16-17: the ``wish list''

    On October 16, Ms. Lewinsky sent the President a packet, 
which included what she called a ``wish list'' describing the 
types of jobs that interested her in New York City. 
607 The note began:

    \607\ Lewinsky 7/31/98 Int. at 12. Ms. Lewinsky produced a draft of 
this document to the OIC on July 31, 1998. Lewinsky 7/31/98 Int. at 3. 
See also Lewinsky 8/13/98 Int. at 3.
---------------------------------------------------------------------------
          My dream had been to work in Communications or 
        Strategic Planning at the White House. I am open to any 
        suggestions that you may have on work that is similar 
        to that or may intrigue me. The most important things 
        to me are that I am engaged and interested in my work, 
        I am not someone's administrative/executive assistant, 
        and my salary can provide me a comfortable living in 
        NY.608
---------------------------------------------------------------------------
    \608\ DB-DC-00000027 (punctuation corrected) (emphasis in 
original). Ms. Lewinsky produced a draft of this document to the OIC on 
July 31, 1998. Lewinsky 7/31/98 GJ at 3.
---------------------------------------------------------------------------
She identified five public relations firms where she would like 
to work.609 Ms. Lewinsky concluded by saying of the 
United Nations:
---------------------------------------------------------------------------
    \609\ DB-DC-00000027. Ms. Lewinsky also indicated that she would 
consider a job at one of the networks; she mentioned ``Kaplan,'' and 
added that ``CNN has a NY office.'' DB-DC-00000027. In a recorded 
conversation, Ms. Lewinsky said that she had told the President about 
her interest in television during their October 11 meeting. The 
President had responded, ``The only one I know in a network is Kaplan, 
* * * but his job is in Atlanta.'' T2 at 6. See also Lewinsky 7/31/98 
Int. at 11. CNN President Rick Kaplan is a friend of the President.
---------------------------------------------------------------------------
          I do not have any interest in working there. As a 
        result of what happened in April '96, I have already 
        spent a year and a half at an agency in which I have no 
        interest. I want a job where I feel challenged, 
        engaged, and interested. I don't think the UN is the 
        right place for me. 610
---------------------------------------------------------------------------
    \610\ DB-DC-00000027.
---------------------------------------------------------------------------
In a recorded conversation, Ms. Lewinsky said she wanted the 
President to take her list seriously and not ask her to settle 
for a U.N. job.611 She said she hoped ``that if he 
starts to pick a bone with me and the U.N., he sure as hell 
doesn't do it on the phone * * *. I don't want to start getting 
into a screaming match with him on the phone.'' 612
---------------------------------------------------------------------------
    \611\ T7 at 26.
    \612\ T7 at 30.
---------------------------------------------------------------------------
    In addition to the ``wish list,'' Ms. Lewinsky said she 
enclosed in the packet a pair of sunglasses and ``a lot of 
things in a little envelope,'' including some jokes, a card, 
and a postcard.613 She said that she had written on 
the card: ``Wasn't I right that my hugs are better in person 
than in cards?'' 614 The postcard featured a ``very 
erotic'' Egon Schiele painting.615 Ms. Lewinsky also 
enclosed a note with her thoughts on education reform. 
616
---------------------------------------------------------------------------
    \613\ T2 at 21-27. See also Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7; 
Lewinsky 8/11/98 Int. at 4.
    \614\ T2 at 23. In her description, the card was ``kind of 
cartoony'' and said: ``This is a test of the emergency insanity 
system.'' T2 at 21. See also Lewinsky 8/13/98 Int at 3.
    \615\ T2 at 26-27.
    \616\ T2 at 27-30. Ms. Lewinsky asked Ms. Currie to leave the 
packet under the President's desk. T2 at 3. In a recorded conversation 
on October 17, Ms. Lewinsky indicated that Ms. Currie had received the 
package. T13 at 33.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that she felt that the President 
owed her a job for several reasons: Her relationship with him 
was the reason she had been transferred out of the White House; 
he had promised her a job and so far had done nothing to help 
her find one; and she had left the White House ``quietly,'' 
without making an issue of her relationship with the 
President.617
---------------------------------------------------------------------------
    \617\ Lewinsky 8/13/98 Int. at 4; Lewinsky 8/26/98 Depo. at 61-63.
---------------------------------------------------------------------------

                    D. The President Creates Options

    At some point around this time in the fall of 1997, Ms. 
Currie asked John Podesta, the Deputy Chief of Staff, to help 
Ms. Lewinsky find a job in New York.618 Mr. Podesta 
testified that, during a Presidential trip to Latin America, he 
approached then-U.N. Ambassador William Richardson while aboard 
Air Force One and asked the Ambassador to consider a former 
White House intern for a position at the U.N.619 At 
the time, Mr. Podesta could not recall the intern's 
name.620 Ambassador Richardson and the President 
both testified that they never discussed Ms. Lewinsky with each 
other.621
---------------------------------------------------------------------------
    \618\ Podesta 2/5/98 GJ at 40-41. See also Lewinsky 7/31/98 Int. at 
10. As previously discussed, Ms. Currie had earlier asked Mr. Podesta 
to help Ms. Lewinsky obtain a White House job.
    \619\ Podesta 2/5/98 GJ at 40-45; Richardson 4/30/98 Depo. at 28. 
On Sunday, October 12, 1997, the President traveled to Latin America 
for one week. United States President, Weekly Compilations of 
Presidential Documents at 1608, 1609, 1653. On that trip, the President 
was accompanied by, among others, then-U.N. Ambassador William 
Richardson and the Deputy Chief of Staff, John Podesta. Richardson 4/
30/98 Depo. at 28-29; Podesta 2/5/98 GJ at 44. Ambassador Richardson 
recalled that Mr. Podesta had first made the request prior to the trip 
to Latin America. Richardson 4/30/98 Depo. at 28.
    \620\ Podesta 2/5/98 GJ at 45; Richardson 4/30/98 Depo. at 32.
    \621\ Richardson 4/30/98 Depo. at 160-61; Clinton 1/17/98 Depo. at 
73.
---------------------------------------------------------------------------
    Ambassador Richardson returned from Latin America on 
Sunday, October 19.622 Within a few days, his 
Executive Assistant, Isabelle Watkins, called Mr. Podesta's 
secretary and asked whether ``she knew anything about a resume 
that John was going to send us.'' 623 Mr. Podesta's 
secretary knew nothing about it and asked Mr. Podesta what to 
do; he instructed her to call Ms. Currie.624 At 3:09 
p.m. on October 21, Ms. Currie faxed Ms. Lewinsky's resume to 
the United Nations.625
---------------------------------------------------------------------------
    \622\ Richardson 4/30/98 Depo. at 26.
    \623\ Watkins 5/27/98 Depo. at 11-12, 18.
    \624\ Podesta 2/5/98 GJ at 46.
    \625\ 828-DC-00000012 (faxed copy of Ms. Lewinsky's resume, 
produced by the U.N.); Currie 5/6/98 GJ at 174.
---------------------------------------------------------------------------
    At 7:01 p.m., a six-minute call was placed to Ms. 
Lewinsky's apartment from a U.N. telephone number identified in 
State Department records as ``Ambassador Richardson's line.'' 
626 Ms. Lewinsky testified that she spoke to 
Ambassador Richardson. A woman called, Ms. Lewinsky testified, 
and said, ``[H]old for Ambassador Richardson.'' 627 
Then the Ambassador himself came on the line: ``I remember, 
because I was shocked and I was * * * very nervous.'' 
628 The purpose of the call was to schedule a job 
interview at a Watergate apartment the following 
week.629 At odds with Ms. Lewinsky, the Ambassador 
and Ms. Watkins both testified that Ms. Watkins, not the 
Ambassador, spoke with Ms. Lewinsky.630
---------------------------------------------------------------------------
    \626\ 828-DC-00000004 (U.N. phone records).
    \627\ Lewinsky 8/13/98 Int. at 3.
    \628\ Lewinsky 8/26/98 Depo. at 63-64. See also Lewinsky 8/26/98 
Depo. at 63-64; Lewinsky 7/31/98 Int. at 12; Lewinsky 7/27/98 Int. at 
5.
    \629\ Lewinsky 7/27/98 Int. at 5.
    \630\ Richardson 4/30/98 Depo. at 47-48; Watkins 5/27/98 Depo. at 
27-29. Ms. Watkins further testified that she often placed calls from 
the Ambassador's line. Watkins 5/27/98 Depo. at 37-38.
---------------------------------------------------------------------------
    A few days later, according to Ms. Lewinsky, the President 
called her. She had been upset because no one at the White 
House had prepared her for the Ambassador's recent call and 
because she did not want the White House to railroad her into 
taking the U.N. job.631 She reiterated that she was 
eager to pursue other opportunities, especially in the private 
sector.632 The President reassured her, promising 
that a U.N. position was just one of many 
options.633
---------------------------------------------------------------------------
    \631\ Lewinsky 8/13/98 Int. at 3-4.
    \632\ Lewinsky 8/13/98 Int. at 4.
    \633\ Lewinsky 8/13/98 Int. at 4. See also Lewinsky 7/31/98 Int. at 
12.
---------------------------------------------------------------------------
    Ms. Lewinsky spoke to the President again one week later. 
Ms. Lewinsky testified that she told Ms. Currie to ask the 
President to call her to assuage her nervousness before the 
U.N. interview.634
---------------------------------------------------------------------------
    \634\ Lewinsky 8/26/98 Depo. at 64-65; Lewinsky 7/31/98 Int. at 13.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, on October 30, the night before 
the interview, the President did call. She characterized the 
conversation as a ``pep talk'': ``[H]e was trying to kind of 
build my confidence and reassure me.'' 635 The 
President told her to call Ms. Currie after the 
interview.636 In his Jones deposition, the President 
indicated that he learned of her interview with Ambassador 
Richardson not from Ms. Lewinsky herself but from Ms. 
Currie.637
---------------------------------------------------------------------------
    \635\ Lewinsky 8/26/98 Depo. at 65. Ms. Lewinsky wrote an email to 
her friend Catherine Allday Davis: ``It was nice; the big creep called 
Thursday night to give me a pep talk because I was so afraid I'd sound 
like an idiot.'' 1037-DC-00000022 (spelling corrected).
    \636\ Lewinsky 7/31/98 Int. at 13. See also Lewinsky 8/26/98 Depo. 
at 65.
    \637\ Clinton 1/17/98 Depo. at 74.
---------------------------------------------------------------------------

                  E. The U.N. Interview and Job Offer

    On Friday morning, October 31, Ambassador Richardson and 
two of his assistants, Mona Sutphen and Rebecca Cooper, 
interviewed Ms. Lewinsky at the Watergate.638 
According to Ambassador Richardson, he ``listen[ed] while Mona 
and Rebecca were interviewing her.'' 639 Neither 
Ambassador Richardson nor any of his staff made inquiries, 
before or after the interview, about Ms. Lewinsky's prior work 
performance.640
---------------------------------------------------------------------------
    \638\ 828-DC-00000023 (Ambassador Richardson's diary reflecting 
7:30 a.m. meeting with Monica Lewinsky). See also Ambassador Richardson 
4/30/98 Depo. at 66-68; Sutphen 5/27/98 Depo. at 7; Cooper 1/27/98 Int. 
at 1-2; Lewinsky 7/31/98 Int. at 13-14. After meeting with Ms. 
Lewinsky, Ambassador Richardson spent the remainder of the day meeting 
individually with Senators and Members of Congress. 828-DC-00000023 
(Ambassador Richardson's itinerary for October 31).
    \639\ Richardson 4/30/98 Depo. at 68; Cooper 1/27/98 Int. at 1-2.
    \640\ Richardson 4/30/98 Depo. at 39; Sutphen 5/27/98 Depo. at 15-
16; Cooper 1/27/98 Int. at 2.
---------------------------------------------------------------------------
    On Sunday, November 2, Ms. Lewinsky drafted a letter to Ms. 
Currie asking what to do in the event she received an offer 
from the U.N.641 She wrote:
---------------------------------------------------------------------------
    \641\ The draft was retrieved from Ms. Lewinsky's computer in the 
course of a consensual search on January 22, 1998.

          I became a bit nervous this weekend when I realized 
        that Amb. Richardson said his staff would be in touch 
        with me this week. As you know, the UN is supposed to 
        be my back-up, but because VJ [Vernon Jordan] has been 
        out of town, this is my only option right now. What 
        should I say to Richardson's people this week when they 
        call? 642
---------------------------------------------------------------------------
    \642\ MSL-55-DC-0179 (punctuation added) (italics in original).

Ms. Lewinsky asked Ms. Currie to speak to the President about 
her problem: ``If you feel it's appropriate, maybe you could 
ask `the big guy' what he wants me to do. Ahhhhh * * * 
anxiety!!!!!'' 643 Ms. Lewinsky also mentioned the 
President's promise to involve Vernon Jordan in her job search:
---------------------------------------------------------------------------
    \643\ MSL-55-DC-0179.

          I don't think I told you that in my conversation last 
        Thursday night with him that he said that he would ask 
        you to set up a meeting between VJ and myself, once VJ 
        got back. I assume he'll mention this to you at some 
        point--hopefully sooner rather than later! 
        644
---------------------------------------------------------------------------
    \644\ MSL-55-DC-0179. Ms. Lewinsky concluded the letter, ``I was 
pleased the UN interview went well, but I'm afraid it will be like 
being at the Pentagon in NY . . . YUCK!'' MSL-55-DC-0179 (ellipsis in 
original).

    Before Ms. Lewinsky sent this letter, in her recollection, 
she received an offer from the U.N.645 Phone records 
reflect that, at 11:02 a.m. on November 3, a three-minute call 
was placed to Ms. Lewinsky from the U.N. line identified in 
State Department records as Ambassador 
Richardson's.646 Ms. Lewinsky stated that she 
believes she spoke to Ambassador Richardson, who extended her a 
job offer.647
---------------------------------------------------------------------------
    \645\ Lewinsky 8/13/98 Int. at 4-5; Lewinsky 7/31/98 Int. at 14; 
Lewinsky 7/27/98 Int. at 5.
    \646\ 828-DC-00000003.
    \647\ Lewinsky 8/26/98 Depo. at 67; Lewinsky 7/27/98 Int. at 5; 
Lewinsky 7/31/98 Int. at 14; Lewinsky 8/13/98 Int. at 5.
    According to Ambassador Richardson, the position offered to Ms. 
Lewinsky was not newly created. He testified that he intended to expand 
an open position in the U.N.'s Washington office and move it to New 
York. Richardson 4/30/98 Depo. at 39-40. Although Ambassador Richardson 
did not recall whether this opening was publicized, he testified that 
it would be common for the office not to post Schedule C (political 
appointment) positions. Richardson 4/30/98 Depo. at 71-72. Peter 
Aronsohn, who filled the position Ms. Lewinsky was offered, 
characterized the job as a ``new position.'' Aronsohn 8/27/98 Int. at 
2.
---------------------------------------------------------------------------
    According to his assistant, Ambassador Richardson made the 
decision to hire Ms. Lewinsky. Ms. Sutphen testified:

          I said, are you sure; and he said, yeah, yeah, I'm 
        sure, why. And I said * * * are you sure, though you 
        don't want to talk to anyone else * * *. And he said, 
        no, no, I think it's fine; why don't you go ahead and 
        give her an offer? 648
---------------------------------------------------------------------------
    \648\ Sutphen 5/27/98 Depo. at 26.

    Ambassador Richardson and Ms. Sutphen both testified that 
Ms. Sutphen, not the Ambassador, extended the job offer to Ms. 
Lewinsky. They recalled that the offer was made a week or 10 
days after the interview, though Ms. Sutphen, when shown the 
phone records, testified that the November 3 call to Ms. 
Lewinsky probably was the job offer.649
---------------------------------------------------------------------------
    \649\ Richardson 4/30/98 Depo. at 90-91; Sutphen 5/27/98 Depo. at 
21-23.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that she told Ms. Currie about the 
offer and she probably also told the President 
directly.650 Ms. Currie first testified that she had 
``probably'' told the President about Ms. Lewinsky's U.N. 
offer, then testified that she had in fact told him, then 
testified that she could not remember, though she acknowledged 
that the President was interested in Ms. Lewinsky's getting a 
job.651
---------------------------------------------------------------------------
    \650\ Lewinsky 8/26/98 Depo. at 65-66; Lewinsky 8/13/98 Int. at 4.
    \651\ Currie 5/6/98 GJ at 174-75, 181; Currie 5/14/98 GJ at 65-66.
---------------------------------------------------------------------------
    When the President was asked in the Jones deposition 
whether he knew that Ms. Lewinsky had received the offer of a 
job at the U.N., he testified: ``I know that she interviewed 
for one. I don't know if she was offered one or not.'' 
652
---------------------------------------------------------------------------
    \652\ Clinton 1/17/98 Depo. at 73.
---------------------------------------------------------------------------

                     F. The U.N. Job Offer Declined

    Three weeks after she received an offer, on November 24, 
Ms. Lewinsky called Ms. Sutphen and asked for more time to 
consider the offer because she wanted to pursue possibilities 
in the private sector.653 Ms. Sutphen told 
Ambassador Richardson, who, according to Ms. Sutphen, said the 
delay would be fine.654 Over a month later, on 
January 5, 1998, Ms. Lewinsky finally turned down the 
job.655
---------------------------------------------------------------------------
    \653\ Sutphen 5/27/98 Depo. at 32-33; Lewinsky 8/13/98 Int. at 5.
    \654\ Sutphen 5/27/98 Depo. at 33. See also Richardson 4/30/98 
Depo. at 110-11 (recalling Ms. Lewinsky's request for additional time 
to consider the offer).
    \655\ Lewinsky 7/27/98 Int. at 5; Sutphen 5/27/98 Depo. at 38; 
1013-DC-00000095 (toll records for Debra Finerman).

                 X. November 1997: Growing Frustration

    Ms. Lewinsky met with Vernon Jordan, who promised to help 
her find a job in New York. November proved, however, to be a 
month of inactivity with respect to both Ms. Lewinsky's job 
search and her relationship with the President. Mr. Jordan did 
not meet with Ms. Lewinsky again, nor did he contact anyone in 
New York City on her behalf. Ms. Lewinsky became increasingly 
anxious about her inability to see the President. Except for a 
momentary encounter in mid-November, Ms. Lewinsky did not meet 
with the President between October 11 and December 5.

                      a. interrogatories answered

    On November 3, 1997, the President answered Paula Jones's 
Second Set of Interrogatories. Two of those interrogatories 
asked the President to list any woman other than his wife with 
whom he had ``had,'' ``proposed having,'' or ``sought to have'' 
sexual relations during the time that he was Attorney General 
of Arkansas, Governor of Arkansas, and President of the United 
States.656 President Clinton objected to the scope 
and relevance of both interrogatories and refused to answer 
them.657
---------------------------------------------------------------------------
    \656\ 921-DC-00000101-118 (Second Set of Interrogatories from 
Plaintiff to Defendant Clinton).
    \657\ V002-DC-00000016; V002-DC-00000020-21.
---------------------------------------------------------------------------

                     b. first vernon jordan meeting

    In mid-October, the President had agreed to involve Vernon 
Jordan in Ms. Lewinsky's job search.658 In a draft 
letter to Ms. Currie dated November 2, Ms. Lewinsky wrote that 
the President had ``said he would ask you to set up a meeting 
between VJ and myself.'' 659 According to Ms. 
Lewinsky, on November 3 or November 4, Ms. Currie told her to 
call Vernon Jordan's secretary to arrange a 
meeting.660 Ms. Currie said she had spoken with Mr. 
Jordan and he was expecting Ms. Lewinsky's call.661 
In Ms. Lewinsky's account, Ms. Currie sought Mr. Jordan's aid 
at the President's direction.662 Mr. Jordan likewise 
testified that, in his understanding, the President was behind 
Ms. Currie's request.663
---------------------------------------------------------------------------
    \658\ See supra at IX.B. See also Lewinsky 8/6/98 GJ at 104; 
Lewinsky 7/31/98 Int. at 11-12.
    \659\ MSL-55-DC-0179.
    \660\ Lewinsky 7/31/98 Int. at 14.
    \661\ Lewinsky 7/31/98 Int. at 14. Phone records reflect that on 
November 4 at 3:54 p.m., Ms. Lewinsky placed a three-and-a-half-minute 
call to Mr. Jordan's office; at 4:09 p.m., Mr. Jordan placed a one-
minute call to Ms. Currie; and at 4:38 p.m., Mr. Jordan placed a one-
minute call to Ms. Currie. 833-DC-00017875 (Ms Lewinsky's phone 
records); V004-DC-00000134 (Akin, Gump phone records).
    \662\ T2 at 11-12. See also Lewinsky 7/31/98 Int. at 11.
    \663\ Jordan 5/5/98 GJ at 47 (Mr. Jordan testified that he believed 
the President had told Ms. Currie to ``[c]all Vernon and ask Vernon to 
help her'').
---------------------------------------------------------------------------
    Ms. Currie testified at various points that she contacted 
Mr. Jordan on her own initiative; that the President 
``probably'' talked with her about Ms. Lewinsky's New York job 
hunt; and that she could not recall whether the President was 
involved.664 In his Jones deposition, the President 
was asked whether he did anything to facilitate a meeting 
between Mr. Jordan and Ms. Lewinsky. He testified:

    \664\ Currie 5/6/98 GJ at 169-70, 176-78, 182-83, 198.
---------------------------------------------------------------------------
          I can tell you what my memory is. My memory is that 
        Vernon said something to me about her coming in, Betty 
        had called and asked if he [Mr. Jordan] would see her 
        [Ms. Lewinsky]. * * * I'm sure if he said something to 
        me about it I said something positive about it. I 
        wouldn't have said anything negative about 
        it.665
---------------------------------------------------------------------------
    \665\ Clinton 1/17/98 Depo. at 81.
---------------------------------------------------------------------------
When pressed, the President testified that he did not think 
that he was the ``precipitating force'' in arranging the 
meeting between Mr. Jordan and Ms. Lewinsky.666
---------------------------------------------------------------------------
    \666\ Clinton 1/17/98 Depo. at 82.
---------------------------------------------------------------------------
    At 8:50 a.m. on November 5, Mr. Jordan spoke with the 
President by telephone for five minutes.667 Later 
that morning, Mr. Jordan and Ms. Lewinsky met in his office for 
about twenty minutes.668 She told him that she 
intended to move to New York, and she named several companies 
where she hoped to work.669 She showed him the 
``wish list'' that she had sent the President on October 
16.670 Mr. Jordan said that he had spoken with the 
President about her and that she came ``highly recommended.'' 
671 Concerning her job search, Mr. Jordan said: 
``We're in business.'' 672
---------------------------------------------------------------------------
    \667\ 1178-DC-00000011 (call logs).
    \668\ Lewinsky 7/31/98 Int. at 14.
    \669\ Lewinsky 7/31/98 Int. at 14-15.
    \670\ Lewinsky 8/13/98 Int. at 3.
    \671\ Lewinsky 8/6/98 GJ at 106; Lewinsky 7/31/98 Int. at 14-15; 
Lewinsky 7/27/98 Int. at 8, 10. Ms. Lewinsky later quoted the remark in 
email to a friend. 1037-DC-00000017 (email to Catherine Davis).
    \672\ 1037-DC-00000017 (email retrieved from Catherine Davis's 
computer).
---------------------------------------------------------------------------
    In the course of the day, Mr. Jordan placed four calls to 
Ms. Hernreich (whom he acknowledged calling when he wished to 
speak to the President 673) and one to Ms. 
Currie.674 Mr. Jordan testified that he could not 
remember the calls, but ``[i]t is entirely possible'' that they 
concerned Monica Lewinsky.675
---------------------------------------------------------------------------
    \673\ Jordan 3/3/98 GJ at 13.
    \674\ V004-DC-00000135 (Akin, Gump phone records).
    \675\ Jordan 5/5/98 GJ at 54.
---------------------------------------------------------------------------
    Mr. Jordan also visited the White House and met with the 
President at 2:00 p.m. that day.676 Again, Mr. 
Jordan testified that he had ``no recollection'' of the 
substance of his conversation with the President.677
---------------------------------------------------------------------------
    \676\ 1178-DC-00000026 (WAVES record). Ms. Lewinsky would learn of 
the meeting between the President and Mr. Jordan. In email to a friend 
dated November 6, Ms. Lewinsky wrote that Mr. Jordan had ``[seen] the 
big creep yesterday afternoon.'' 1037-DC-00000017 (spelling corrected) 
(email to Catherine Davis).
    \677\ Jordan 5/5/98 GJ at 34.
---------------------------------------------------------------------------
    On November 6, the day after meeting with Mr. Jordan, Ms. 
Lewinsky wrote him a thank-you letter: ``It made me happy to 
know that our friend has such a wonderful confidant in you.'' 
678 Also on November 6, Ms. Lewinsky wrote in an 
email to a friend that she expected to hear from Mr. Jordan 
``later next week.'' 679 The evidence indicates, 
though, that Mr. Jordan took no steps to help Ms. Lewinsky 
until early December, after she appeared on the witness list in 
the Jones case.
---------------------------------------------------------------------------
    \678\ 833-DC-00000980 (letter retrieved from Ms. Lewinsky's 
Pentagon computer) (spelling corrected).
    \679\ 1037-DC-00000017 (email retrieved from Catherine Davis's 
computer). Ms. Lewinsky wrote that she was ``a little nervous to do the 
whole name of the BF. His first name is Vernon.'' Id. According to her 
aunt, Debra Finerman, Ms. Lewinsky used the code name ``Gwen'' when 
discussing Mr. Jordan because ``he's an important person'' and Ms. 
Lewinsky ``always had the feeling somebody was listening in'' on their 
phone conversations, they did not want an eavesdropper to know that Mr. 
Jordan was helping her find a job. Finerman 3/18/98 Depo. at 60. See 
also Lewinsky 8/5/98 Int. at 3; Lewinsky 8/3/98 Int. at 9.
---------------------------------------------------------------------------
    Mr. Jordan initially testified that he had ``no 
recollection of having met with Ms. Lewinsky on November 5.'' 
680 When shown documentary evidence demonstrating 
that his first meeting with Ms. Lewinsky occurred in early 
November, he acknowledged that an early November meeting was 
``entirely possible.'' 681 Mr. Jordan's failure to 
remember his November meeting with Ms. Lewinsky may indicate 
the low priority he attached to it at the time.
---------------------------------------------------------------------------
    \680\ Jordan 3/3/98 GJ at 50.
    \681\ Jordan 5/5/98 GJ at 26-30, 34.
---------------------------------------------------------------------------

                   C. November 13: The Zedillo Visit

    On Thursday, November 13, while Ernesto Zedillo, the 
President of Mexico, was in the White House, Ms. Lewinsky met 
very briefly with President Clinton in the private 
study.682 Ms. Lewinsky's visit, which she described 
in an email as a ``hysterical escapade,'' was the culmination 
of days of phone calls and notes to Ms. Currie and the 
President.683
---------------------------------------------------------------------------
    \682\ Epass records reflect that Ms. Lewinsky entered the White 
House at 6:20 p.m., admitted by Ms. Currie. 827-DC-00000018. Secret 
Service Movement logs show that the President entered the State Floor 
at 5:23 and moved to the Oval Office at 6:34. V006-DC-00002156.
    \683\ 1037-DC-00000318 (email retrieved from Catherine Davis's 
computer).
---------------------------------------------------------------------------
    Over the course of the week that preceded November 13, Ms. 
Lewinsky made several attempts to arrange a visit with the 
President. On Monday, November 10, in addition to making 
frequent calls to Ms. Currie, she sent the President a note 
asking for a meeting.684
---------------------------------------------------------------------------
    \684\ Lewinsky 8/13/98 Int. at 5.
---------------------------------------------------------------------------
    She hoped to see him on Tuesday, November 11 (Veterans 
Day), but he did not respond.685 By 
courier,686 she sent the President another note:
---------------------------------------------------------------------------
    \685\ Lewinsky 8/13/98 Int. at 5. Many of Ms. Lewinsky's previous 
visits with the President had occurred on holidays. See, e.g., Lewinsky 
7/30/98 Int. at 3, 13, 17 (describing visits on New Year's Eve, 
Presidents' Day, Easter Sunday, and July 4).
    \686\ 837-DC-00000008 (courier receipt).
---------------------------------------------------------------------------
          I asked you three weeks ago to please be sensitive to 
        what I am going through right now and to keep in 
        contact with me, and yet I'm still left writing notes 
        in vain. I am not a moron. I know that what is going on 
        in the world takes precedence, but I don't think what I 
        have asked you for is unreasonable.687
---------------------------------------------------------------------------
    \687\ DB-DC-00000022. Ms. Lewinsky produced a draft of this letter 
to the OIC on July 31, 1998. See also Lewinsky 7/31/98 Int. at 1 
(confirming that she delivered a substantially similar note).
---------------------------------------------------------------------------
She added: ``This is so hard for me. I am trying to deal with 
so much emotionally, and I have nobody to talk to about it. I 
need you right now not as president, but as a man. PLEASE be my 
friend.'' 688
---------------------------------------------------------------------------
    \688\ DB-DC-00000022.
---------------------------------------------------------------------------
    That evening, November 12, according to Ms. Lewinsky, the 
President called and invited her to the White House the 
following day.689 In an e-mail to a friend, Ms. 
Lewinsky wrote that she and the President ``talked for almost 
an hour.'' 690 She added: ``[H]e thought [N]ancy 
[Hernreich] (one of the meanies) would be out for a few hours 
on Thursday and I could come see him then.'' 691
---------------------------------------------------------------------------
    \689\ Lewinsky 8/13/98 Int. at 5-6. On November 12, 1997, the 
President responded to Paula Jones's Third Set of Interrogatories. In 
response to an interrogatory that asked the President to provide 
information about all individuals who have discoverable and relevant 
information regarding the disputed facts at issue in the case, the 
President provided a list of names that did not include Ms. Lewinsky. 
849-DC-0000090-97.
    \690\ 1037-DC-00000318 (e-mail retrieved from Catherine Davis's 
computer).
    \691\ 1037-DC-00000318 (spelling corrected). Lewinsky 8/13/98 Int. 
at 6. On November 13, Ms. Hernreich was testifying before Congress. 
Walsh, ``Democratic Donor Chung Invokes 5th Amendment; House Members 
Informally Interview Businessman Edward Walsh,'' Washington Post, 
November 15, 1997, at A6.
---------------------------------------------------------------------------
    The following morning, November 13, Ms. Lewinsky tried to 
arrange a visit with the President. She called repeatedly but 
suspected that Ms. Currie was not telling the President of her 
calls.692 Around noon, Ms. Currie told Ms. Lewinsky 
that the President had left to play golf. Ms. Lewinsky, in her 
own words, ``went ballistic.'' 693
---------------------------------------------------------------------------
    \692\ MSL-1240-DC-0140; Lewinsky 8/13/98 Int. at 6.
    \693\ 1037-DC-00000318 (e-mail retrieved from Catherine Davis's 
computer).
---------------------------------------------------------------------------
    After the President returned from the Army-Navy Golf Course 
in the late afternoon, Ms. Lewinsky told Ms. Currie that she 
was coming to the White House to give him some 
gifts.694 Ms. Currie suggested that Ms. Lewinsky 
wait in Ms. Currie's car in the White House parking lot. Ms. 
Lewinsky went to the White House only to find that the doors to 
Ms. Currie's car were locked. Ms. Lewinsky waited in the 
rain.695
---------------------------------------------------------------------------
    \694\ Lewinsky 8/13/98 Int. at 6; 1234-DC-00000050 (movement log); 
986-DC-00003799 (Kearney Diary).
    \695\ Lewinsky 8/13/98 Int. at 6.
---------------------------------------------------------------------------
    Ms. Currie eventually met her in the parking lot, and, in 
Ms. Lewinsky's words, they made a ``bee-line'' into the White 
House, sneaking up the back stairs to avoid other White House 
employees, particularly Presidential aide Stephen 
Goodin.696 Ms. Lewinsky left two small gifts for the 
President with Ms. Currie, then waited alone for about half an 
hour in the Oval Office study.697 In the study, Ms. 
Lewinsky saw several gifts she had given the President, 
including Oy Vey! The Things They Say: A Guide to Jewish Wit, 
Nicholson Baker's novel Vox, and a letter opener decorated with 
a frog.698
---------------------------------------------------------------------------
    \696\ Lewinsky 8/13/98 Int. at 6; 1037-DC-00000318 (e-mail to 
Catherine Davis).
    \697\ In a note to the President the next week, Ms. Lewinsky would 
write of the gifts: ``I forgot to tell you: * * * The Gingko Blowjoba 
or whatever it is called and the Zinc lozenges were from me.'' MSL-55-
DC-0140 (spelling and grammar corrected).
    \698\ Lewinsky 8/6/98 GJ at 183-85; Lewinsky 8/2/98 Int. at 4. Ms. 
Lewinsky also saw a clipping of the Valentine's Day ad she had placed 
in the Washington Post on the President's desk. Lewinsky 8/6/98 GJ at 
183-84. In a document composed soon after this visit, Ms. Lewinsky 
wrote: ``When I was hiding out in your office for a half-hour, I 
noticed you had the new Sarah McLachlan CD. I have it, too, and it's 
wonderful. Whenever I listen to song #5 I think of you. That song and 
Billie Holiday's version of `I'll be Seeing You' are guaranteed to put 
me to tears when it comes to you!'' MSL-1249-DC-0140-41 (deleted file 
from Ms. Lewinsky's home computer) (spelling and grammar corrected).
---------------------------------------------------------------------------
    The President finally joined Ms. Lewinsky in the study, 
where they were alone for only a minute or two.699 
Ms. Lewinsky gave him an antique paperweight in the shape of 
the White House.700 She also showed him an e-mail 
describing the effect of chewing Altoid mints before performing 
oral sex. Ms. Lewinsky was chewing Altoids at the time, but the 
President replied that he did not have enough time for oral 
sex.701 They kissed, and the President rushed off 
for a State Dinner with President Zedillo.702
---------------------------------------------------------------------------
    \699\ 1037-DC-00000318 (e-mail to Catherine Davis).
    \700\ Lewinsky 8/13/98 Int. at 6.
    \701\ OIC 8/27/98 Memo.
    \702\ 968-DC-00000187 (presidential schedule); 968-DC-00000303 
(Kearney Diary). Ms. Currie initially testified that she could not 
recall Ms. Lewinsky's November 13 visit. Currie 5/6/98 GJ at 12, 15. 
After viewing documentary evidence, she recalled that this was the only 
time she surreptitiously escorted Ms. Lewinsky into the White House. 
Id. at 85.
---------------------------------------------------------------------------

       D. November 14-December 4: Inability to See the President

    After this brief November 13 meeting, Ms. Lewinsky did not 
see the President again until the first week in December. 
Hoping to arrange a longer rendezvous, she sent the President 
several notes, as well as a cassette on which she recorded a 
message.703
---------------------------------------------------------------------------
    \703\ Lewinsky 8/11/98 Int. at 1; Lewinsky 7/31/98 Int. at 1-2; 
837-DC-00000011 (courier receipt); MSL-1240-DC-0140-41 (document 
recovered from Ms. Lewinsky's home computer).
    On November 17, 1997, the President responded to Paula Jones's 
First Set of Requests for Production of Documents and Things. One 
request sought documents sent to President Clinton by any woman (other 
than Mrs. Clinton) with whom President Clinton had sexual relations. 
V002-DC-00000056-92. President Clinton objected to this request as one 
designed ``solely to harass, embarrass, and humiliate the President and 
the Office he occupies.'' V002-DC-00000075. Nonetheless, the President 
answered that he did not have any documents responsive to that request.
---------------------------------------------------------------------------
    Along with her chagrin over not seeing the President, Ms. 
Lewinsky was frustrated that her job search had apparently 
stalled. A few days before Thanksgiving, she complained to Ms. 
Currie that she had not heard from Mr. Jordan.704 
Ms. Currie arranged for her to speak with him ``before 
Thanksgiving,'' while Ms. Lewinsky was in Los Angeles. Mr. 
Jordan told her to call him the following week to arrange 
another meeting.705
---------------------------------------------------------------------------
    \704\ Lewinsky 8/6/98 GJ at 105.
    \705\ Lewinsky 8/6/98 GJ at 105. Phone and pager records 
corroborate these contacts. 1205-DC-00000016; V004-DC-00000143; 831-DC-
00000011. (Note that Ms. Lewinsky's pager records reflect Pacific Time; 
throughout this referral, time has been adjusted to Eastern Standard 
Time.)
---------------------------------------------------------------------------
    In draft letters to the President, which were recovered 
from her Pentagon computer, Ms. Lewinsky reflected on the 
change in their relationship: ``[B]oth professionally and 
personally, * * * our personal relationship changing has caused 
me more pain. Do you realize that?'' 706 She asked 
for the President's understanding: ``I don't want you to think 
that I am not grateful for what you are doing for me now--I'd 
probably be in a mental institute without it--but I am consumed 
with this disappointment, frustration, and anger.'' Ms. 
Lewinsky rued the brevity of her November 13 visit with the 
President: ``All you * * *  ever have to do to pacify me is see 
me and hold me,'' she wrote. ``Maybe that's asking too much.'' 
707
---------------------------------------------------------------------------
    \706\ MSL-1249-DC-0140 (spelling and punctuation corrected).
    \707\ MSL-1249-DC-0139 (spelling and punctuation corrected).

        XI. December 5-18, 1997: The Witness List and Job Search

    On Friday, December 5, Paula Jones's attorneys faxed a list 
of their potential witnesses--including Ms. Lewinsky--to the 
President's personal attorneys. The following day, President 
Clinton saw Ms. Lewinsky in an unscheduled visit and then 
discussed the Jones case with his attorneys and Deputy White 
House Counsel Bruce Lindsey. A few days later, Ms. Lewinsky met 
with Mr. Jordan at his office, and he arranged interviews for 
Ms. Lewinsky at three companies. In the middle of the night on 
December 17, the President called and informed Ms. Lewinsky 
that she was on the witness list and that she might have to 
testify under oath in the Jones case.

                    a. december 5: the witness list

    On Friday December 5, 1997, attorneys for Paula Jones 
identified Ms. Lewinsky as a potential witness in Ms. Jones's 
sexual harassment case.708 At 5:40 p.m., they faxed 
their witness list to the President's attorney, Robert 
Bennett.709 Ms. Lewinsky, however, would not learn 
of her potential involvement in the Jones case for twelve more 
days, when the President informed her.710
---------------------------------------------------------------------------
    \708\ 849-DC-00000128.
    \709\ 849-DC-00000121-37.
    \710\ See infra at Section XI.F. See also Lewinsky 8/6/98 GJ at 
121-26.
---------------------------------------------------------------------------
    President Clinton was asked in the grand jury when he 
learned that Ms. Lewinsky's name was on the witness list. The 
President responded: ``I believe that I found out late in the 
afternoon on the sixth.'' 711
---------------------------------------------------------------------------
    \711\ Clinton 8/17/98 GJ at 84-85. In his Jones deposition, the 
President acknowledged that he may have heard of the witness list 
before he actually saw it. Clinton 1/17/98 Depo. at 70.
---------------------------------------------------------------------------

           b. december 5: christmas party at the white house

    On Friday, December 5, Ms. Lewinsky returned from 
Department of Defense travel in Europe.712 She asked 
Ms. Currie if the President could see her the next day, but Ms. 
Currie said he was busy meeting with his lawyers.713 
In the late afternoon, she attended a Christmas party at the 
White House with a Defense Department colleague.714 
Ms. Lewinsky exchanged a few words with the President in the 
reception line.715
---------------------------------------------------------------------------
    \712\ 833-DC-00003207 (Travel Voucher DOD).
    \713\ Lewinsky 8/6/98 GJ at 107; Lewinsky 7/31/98 Int. at 1.
    \714\ V006-DC-00000521 (guest list); VOO6-DC-00001859 (photograph 
of Ms. Lewinsky and the President at the reception).
    \715\ Lewinsky 7/31/98 Int. at 1.
---------------------------------------------------------------------------
    The Christmas reception encounter heightened Ms. Lewinsky's 
frustration. On the evening of December 5, she drafted an 
anguished letter to the President.716 ``[Y]ou want 
me out of your life,'' she wrote. ``I guess the signs have been 
made clear for awhile--not wanting to see me and rarely 
calling. I used to think it was you putting up walls.'' 
717 She had purchased several gifts for him, and, 
she wrote, ``I wanted to give them to you in person, but that 
is obviously not going to happen.'' 718 Ms. Lewinsky 
reminded the President of his words during their October 10 
telephone argument:
---------------------------------------------------------------------------
    \716\ Lewinsky 7/31/98 Int. at 2; MSL-55-DC-0177. The wording of 
the letter resembles, in part, a message on a cassette found during the 
consensual search of Ms. Lewinsky's apartment: ``Hi. [Sniffling, 
crying.] I was so sad seeing you last night. I was so angry with you 
that once again you had rejected me. . . . I wanted to feel the warmth 
of you and the smell of you and the touch of you. And it made me sad. 
And I--you confuse me so much. I mean I [sigh]. I thought I--I thought 
I fell in love with this person that--that I really felt was such a 
good--such a good person, such a good heart, someone who's had a life 
with a lot of experiences.'' See Document Supplement B, Tab 36.
    \717\ MSL-55-DC-0177 (punctuation corrected).
    \718\ MSL-55-DC-0177 (punctuation corrected).

          I will never forget what you said that night we 
        fought on the phone--if you had known what I was really 
        like you would never have gotten involved with me. I'm 
        sure you're not the first person to have felt that way 
        about me. I am sorry that this has been such a bad 
        experience.719
---------------------------------------------------------------------------
    \719\ MSL-DC-55-0177 (punctuation corrected).

    She concluded the letter: ``I knew it would hurt to say 
goodbye to you; I just never thought it would have to be on 
paper. Take care.'' 702
---------------------------------------------------------------------------
    \720\ MSL-55-DC-0177 (punctuation corrected).
---------------------------------------------------------------------------

               c. december 6: the northwest gate incident

1. Initial Visit and Rejection
    On the morning of Saturday, December 6, Ms. Lewinsky went 
to the White House to deliver the letter and gifts to the 
President. The gifts included a sterling silver antique cigar 
holder, a tie, a mug, a ``Hugs and Kisses'' box, and an antique 
book about Theodore Roosevelt.721 Ms. Lewinsky 
planned to leave the parcel with Ms. Currie, who had told Ms. 
Lewinsky that the President would be busy with his lawyers and 
unable to see her.722
---------------------------------------------------------------------------
    \721\ Lewinsky 8/6/98 GJ at 108-09; Lewinsky 8/6/98 GJ at 27-29 
Exh. ML-7. The cigar holder, the tie, the mug, and the book have been 
produced to the OIC. V002-PHOTOS-0011 (holder, tie, and book); V002-
PHOTOS-0005 (mug).
    \722\ Lewinsky 8/6/98 GJ at 111-12.
---------------------------------------------------------------------------
    Ms. Lewinsky arrived at the White House at approximately 
10:00 a.m. She told the Secret Service uniformed officers at 
the Northwest Gate that she had gifts to drop off for the 
President, but that Ms. Currie did not know she was 
coming.723 Ms. Lewinsky and the officers made 
several calls in an attempt to locate Ms. Currie.724 
The officers eventually invited Ms. Lewinsky inside the guard 
booth.725 When Ms. Currie learned that Ms. Lewinsky 
was at the Northwest Gate, she sent word that the President 
``already had a guest in the [O]val,'' so the officers should 
have Ms. Lewinsky wait there for about 40 
minutes.726
---------------------------------------------------------------------------
    \723\ Bryan Hall 5/21 98 Int. at 2; Bryan Hall 7/23/98 GJ at 10-11, 
15-16; Niedzwiecki 7/30/98 GJ at 12-13; Lewinsky 8/6/98 GJ at 109-11.
    \724\ Lewinsky 8/6/98 GJ at 110-11; Niedzwiecki 7/30/98 GJ at 13-
14.
    \725\ Byran Hall 7/23/98 GJ at 12-13; Niedzwiecki 7/30/98 GJ at 13, 
15. Officer Hall recognized Ms. Lewinsky from a previous occasion, when 
she was greeted by, and delivered something to, Ms. Currie. Byran Hall 
7/23/98 GJ at 6-10.
    \726\ Tyler 7/28/98 GJ at 40; Chinery 7/23/98 GJ at 8.
---------------------------------------------------------------------------
    While Ms. Lewinsky was waiting, one officer mentioned that 
Eleanor Mondale was in the White House.727 Ms. 
Lewinsky correctly surmised that the President was meeting with 
Ms. Mondale, rather than his lawyers, and she was ``livid.'' 
728 She stormed away, called and berated Ms. Currie 
from a pay phone, and then returned to her Watergate 
apartment.729
---------------------------------------------------------------------------
    \727\ Lewinsky 8/6/98 GJ at 111-12. Ms. Mondale recalled visiting 
the President that morning. Mondale 7/16/98 Int. at 1. See also 843-DC-
00000004 (Epass records reflect that Ms. Mondale entered the White 
House at 9:33 a.m.).
    \728\ Lewinsky 8/6/98 GJ at 111-12. See also Currie 7/22/98 GJ at 
88-89. Ms. Lewinsky suspected that Ms. Mondale was romantically 
involved with the President. Lewinsky 8/6/98 GJ at 111-12.
    \729\ Lewinsky 8/6/98 GJ at 112-13. Ms. Currie testified that Ms. 
Lewinsky angrily told her: `` `You had lied to me, that the President 
is in the office, and he's meeting with someone.' And I said, `Yeah, 
you're right.' She was not too happy about it, and words were 
exchanged.'' Currie 1/27/98 GJ at 37.
---------------------------------------------------------------------------
    Hands shaking and almost crying, Ms. Currie informed 
several Secret Service officers that the President was 
``irate'' that someone had disclosed to Ms. Lewinsky whom he 
was meeting with.730 Ms. Currie told Sergeant Keith 
Williams, a supervisory uniformed Secret Service Officer, that 
if he ``didn't find out what was going on, someone could be 
fired.'' 731 She also told Captain Jeffrey Purdie, 
the Secret Service watch commander for the uniformed division 
at the time, that the President was ``so upset he wants 
somebody fired over this.'' 732
---------------------------------------------------------------------------
    \730\ Keith Williams 7/23/98 GJ at 24. See also Chinery 7/23/98 GJ 
at 10; Purdie 7/23/98 GJ at 13.
    \731\ Keith Williams 7/23/98 GJ at 12. Some testimony indicates 
that the President directly told Sergeant Williams about the Northwest 
Gate incident. Three officers testified that Sergeant Williams told 
them that the President had spoken to him and had indicated that he 
wanted the officer responsible for the disclosure of information fired. 
Niedzwiecki 7/30/98 GJ at 29, 37; Byran Hall 7/23/98 GJ at 25-26; 
Porter 8/13/98 GJ at 16-18. For example, Officer Niedzwiecki testified 
that soon after the incident, Sergeant Williams came to the Northwest 
Gate and said, ``[t]he President wants somebody's job.'' Niedzwiecki 7/
30/98 GJ at 29. Sergeant Williams testified, however, that the 
President did not speak to him directly about the incident. Keith 
Williams 7/23/98 GJ at 31-32. According to Sergeant Williams, when he 
met alone with Ms. Currie, he noticed that the door leading to the Oval 
Office was at first shut but then was cracked open. Keith Williams 7/
23/98 GJ at 22, 30. Sergeant Williams testified that he heard what he 
assumed to be a male voice coming from within the Oval Office saying 
``[t]his person needs to be fired.'' Keith Williams 7/30/98 GJ at 10-
11. Sergeant Williams told the officers at the gate that he spoke to 
the President only to get their attention. Keith Williams 7/30/98 GJ at 
16-17. However, Sergeant Williams also told the supervisor who replaced 
him that afternoon that the President had spoken to him directly about 
the incident at the Northwest Gate. Deardoff 9/3/98 Depo. at 8-9.
    \732\ Purdie 7/23/98 GJ at 13, 18-19. Captain Purdie testified that 
he thought that the remedy of firing was ``out of proportion to the 
incident . . . [e]specially without doing an investigation or a fact-
finding mission.'' Purdie 7/23/98 GJ at 19.
---------------------------------------------------------------------------

2. Ms. Lewinsky Returns to the White House

    From her apartment, Ms. Lewinsky reached the President on 
the phone.733 According to Ms. Lewinsky, the 
President was angry that she had ``made a stink'' and said that 
``it was none of my business * * * what he was doing.'' 
734
---------------------------------------------------------------------------
    \733\ Lewinsky 8/6/98 GJ at 113.
    \734\ Lewinsky 8/6/98 GJ at 113-14.
---------------------------------------------------------------------------
    Then, to Ms. Lewinsky's surprise, the President invited her 
to visit him.735 She testified that ``none of the 
other times that we had really fought on the phone did it end 
up resulting in a visit that day.'' 736 WAVES 
records reflect that Ms. Lewinsky was cleared to enter the 
White House at 12:52 p.m. and exited at 1:36 p.m.737
---------------------------------------------------------------------------
    \735\ Lewinsky 8/6/98 GJ at 114.
    \736\ Lewinsky 8/6/98 GJ at 114.
    \737\ 827-DC-00000018. Secret Service logs reflect that the 
President was in the area of the Oval Office throughout this period. 
V006-DC-00002158.
---------------------------------------------------------------------------
    During their meeting, Ms. Lewinsky told the President that 
Mr. Jordan had done nothing to help her find a 
job.738 The President responded, ``Oh, I'll talk to 
him. I'll get on it.'' 739
---------------------------------------------------------------------------
    \738\ Lewinsky 8/6/98 GJ at 115-16. Specifically, Ms. Lewinsky told 
the President ``that I was supposed to get in touch with Mr. Jordan the 
previous week and that things didn't work out and that nothing had 
really happened yet.'' Id.
    \739\ Lewinsky 8/6/98 GJ at 116. The President also told Ms. 
Lewinsky that he had already gotten a Christmas present for her and 
that he would give that to her during another visit. Lewinsky 8/1/98 
Int. at 2.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that, overall, she had a ``really 
nice'' and ``affectionate'' visit with the 
President.740 In an email to a friend a few days 
later, she wrote that, although ``things have been crazy with 
the creep * * * I did have a wonderful visit with him on 
Saturday. When he doesn't put his walls up, it is always 
heavenly.'' 741
---------------------------------------------------------------------------
    \740\ Lewinsky 8/6/98 GJ at 115.
    \741\ 1037-DC-00000011 (spelling corrected).
---------------------------------------------------------------------------

3. ``Whatever Just Happened Didn't Happen''

    Later that day (December 6), the uniformed Secret Service 
officers at the Northwest Gate were told that no one would be 
fired--so long as they remained quiet. According to Sergeant 
Williams, Ms. Currie said that, if the officers did not ``tell 
a lot of people what had happened, then nothing would happen.'' 
742
---------------------------------------------------------------------------
    \742\ Keith Williams 7/23/98 GJ at 25. Ms. Currie confirmed that 
she told an officer, ``Okay. Fine. This never happened.'' However, she 
testified that she said this so that no officer would get in trouble. 
Currie 7/22/98 GJ at 91-92.
    When Ms. Currie left work that day, she stopped by a Secret Service 
post and told an officer that ``she spoke to the President * * * and * 
* * they decided that the incident never happened, they weren't going 
to pursue * * * discipline actions against them, that they just wanted 
it to go away.'' Chinery 7/23/98 GJ at 22-23. Later that week, Ms. 
Currie told that officer to inform one of his supervisors ``that 
everything was okay and just to keep quiet about it.'' Keith Williams 
7/23/98 GJ at 27-28.
---------------------------------------------------------------------------
    The President told Captain Jeffrey Purdie, the Secret 
Service watch commander for the uniformed division at the time, 
``I hope you use your discretion.'' 743 Captain 
Purdie interpreted the President's remark to mean that Captain 
Purdie ``wasn't going to say anything,'' and he in turn told 
all of the officers involved not to discuss the 
incident.744 One officer recalled that Captain 
Purdie told him and other officers, ``Whatever just happened 
didn't happen.'' 745 Captain Purdie told another 
officer, ``I was just in the Oval Office with the President and 
he wants somebody's ass out here.* * * As far as you're 
concerned, * * * [t]his never happened.'' 746 In 
response, that officer, who considered the Northwest Gate 
incident a ``major event,'' ``just shook [his] head'' and 
``started making a set of [his] own notes'' in order to 
document the incident.747
---------------------------------------------------------------------------
    \743\ Purdie 7/23/98 GJ at 32; Purdie 7/17/98 GJ at 3.
    \744\ Purdie 7/17/98 GJ at 6; Bryan Hall 7/23/98 GJ at 31-32; 
Chinery 7/23/98 GJ at 21.
    \745\ Porter 8/13/98 GJ at 12.
    \746\ Niedzwiecki 7/30/98 GJ at 30-31.
    \747\ Niedzwiecki 7/30/98 GJ at 31, 44. See also Niedzwiecki 8/5/98 
GJ at 4-6 (text of Niedzwiecki notes).
---------------------------------------------------------------------------
    Captain Purdie recommended to his supervisor, Deputy Chief 
Charles O'Malley, that ``no paperwork be generated'' regarding 
the Northwest Gate incident because ``Ms. Currie was satisfied 
with the way things were handled.'' 748 According to 
Captain Purdie, Deputy Chief O'Malley agreed, and no record of 
the incident was made.749 Deputy Chief O'Malley 
testified that the meeting between the President and Captain 
Purdie was the only occasion he could recall in fourteen years 
at the White House where a President directly addressed a job 
performance issue with a uniformed division 
supervisor.750
---------------------------------------------------------------------------
    \748\ Purdie 7/23/98 GJ at 35.
    \749\ Purdie 7/23/98 GJ at 34-36. While Deputy Chief O'Malley 
testified that Captain Purdie notified him of the incident, Deputy 
Chief O'Malley did not recall Captain Purdie discussing with him, at 
any time, a decision not to generate an incident report or a 
memorandum. Charles O'Malley 9/8/98 Depo. at 44, 47-48.
    \750\ O'Malley 9/8/98 Depo. at 22, 40-41.
---------------------------------------------------------------------------
    The President was questioned in the grand jury about the 
incident at the Northwest Gate. He testified that he knew that 
Ms. Lewinsky had become upset upon learning that Ms. Mondale 
was in the White House ``to see us that day.'' 751 
He testified: ``As I remember, I had some other work to do that 
morning. * * *'' 752 The President said that the 
disclosure of information that day was ``inappropriate'' and 
``a mistake,'' but he could not recall whether he wanted a 
Secret Service officer fired or gave any such 
orders.753 He thought that the officers ``were * * * 
told not to let it happen again, and I think that's the way it 
should have been handled.'' 754 When asked if he 
told Captain Purdie that he hoped that he could count on his 
discretion, the President stated, ``I don't remember anything I 
said to him in that regard.'' 755
---------------------------------------------------------------------------
    \751\ Clinton 8/17/98 GJ at 84-85, 87. Ms. Mondale stated that she 
met with the President alone in the Oval Office study that day. Mondale 
7/16/98 Int. at 1.
    \752\ Clinton 8/17/98 GJ at 86.
    \753\ Clinton 8/17/98 GJ at 88-89.
    \754\ Clinton 8/17/98 GJ at 89-90.
    \755\ Clinton 8/17/98 GJ at 91-92.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, the President later indicated to 
her that he had concerns about the discretion of the Secret 
Service uniformed officers. On December 28 she asked how Paula 
Jones's attorneys could have known enough to place her on the 
witness list. The President replied that the source might be 
Linda Tripp or ``the uniformed officers.'' 756
---------------------------------------------------------------------------
    \756\ Lewinsky 8/6/98 GJ at 151-52; Lewinsky 2/1/98 Statement at 6. 
On December 23, Paula Jones's attorneys issued a subpoena to the Secret 
Service.
---------------------------------------------------------------------------

               D. The President Confers with His Lawyers

    Deputy Counsel Bruce Lindsey testified that he met with the 
President and the President's personal attorney, Robert 
Bennett, at around 5:00 p.m. on December 6 to discuss the Jones 
case.757 According to Mr. Lindsey, it was ``likely'' 
that he learned about Ms. Lewinsky's appearance on the witness 
list in that meeting.758
---------------------------------------------------------------------------
    \757\ Lindsey 3/12/98 GJ at 64-66; Lindsey 2/19/98 GJ at 9-10. 
WAVES records reflect that Robert Bennett entered the White House at 
4:39 p.m. on Saturday, December 6. 1407-DC-00000005.
    \758\ Lindsey 3/12/98 GJ at 65.
---------------------------------------------------------------------------
    Earlier in the day, at around 12:00 p.m. (after Ms. 
Lewinsky stormed away from the Northwest Gate but before she 
returned and saw the President), Mr. Lindsey had received a 
page: ``Call Betty ASAP.'' 759 Mr. Lindsey testified 
that he did not recall the page, nor did he know, at the time, 
that Ms. Lewinsky had visited the White House. 760
---------------------------------------------------------------------------
    \759\ 964-DC-00000862 (Presidential mail notes).
    \760\ Lindsey 3/12/98 GJ at 63-64. Mr. Lindsey refused to answer 
questions about his December 6 meeting with the President, claiming 
attorney-client privilege and Executive (presidential communications) 
Privilege. Id. at 66. The U.S. District Court for the District of 
Columbia rejected Mr. Lindsey's claim of privilege, In re Grand Jury 
Proceedings, 5 F. Supp.2d 21 (D.D.C. 1998), and the Court of Appeals 
denied Mr. Lindsey's appeal, In re Lindsey, 148 F.3d 1100 (D.C. Cir. 
1998). A petition for Supreme Court review is pending.
---------------------------------------------------------------------------

                        E. Second Jordan Meeting

    The next day (Sunday, December 7), Mr. Jordan visited the 
White House and met with the President.761 Mr. 
Jordan testified that he was ``fairly certain'' that he did not 
discuss the Jones suit or Ms. Lewinsky.762
---------------------------------------------------------------------------
    \761\ WAVES records reflect that Mr. Jordan entered the White House 
at 5:21 p.m. on Sunday, December 7. 1178-DC-00000026.
    \762\ Jordan 5/5/98 GJ at 83. He later testified that the 
conversation was ``[a]bsolutely not'' about Ms. Lewinsky. Jordan 5/5/98 
GJ at 116.
---------------------------------------------------------------------------
    On Thursday, December 11, Ms. Lewinsky had her second 
meeting with Mr. Jordan.763 Ms. Lewinsky testified 
that they discussed her job search, and Mr. Jordan told her to 
send letters to three business contacts that he provided her. 
Mr. Jordan noted that Ms. Lewinsky was anxious to get a job as 
quickly as possible, and he took action.764 In the 
course of the day, Mr. Jordan placed calls on her behalf to 
Peter Georgescu, Chairman and Chief Executive Officer at Young 
& Rubicam; Richard Halperin, Executive Vice President and 
Special Counsel to the Chairman of MacAndrews & Forbes 
Holdings, Inc. (majority stockholder of Revlon); and Ursula 
Fairbairn, Executive Vice-President, Human Resources and 
Quality, of American Express.765 Mr. Jordan told Ms. 
Lewinsky to keep him informed of the progress of her job 
search.766
---------------------------------------------------------------------------
    \763\ V004-DC-00000171 (Akin, Gump visitor records) (recording 
visit of ``Malensky''). Ms. Lewinsky recalled arranging the meeting on 
December 8 or 9. Lewinsky 8/1/98 Int. at 3. See also 833-DC-00017886 
(reflecting Ms. Lewinsky's call to Mr. Jordan on December 8).
    On December 8, Ms. Lewinsky sent Mr. Jordan a hat, a box of 
chocolates, and a note gently reminding him of his promise to help her 
find a job. Lewinsky 7/31/98 Int. at 15. She also sent the President a 
note and some peach candies. Lewinsky 8/1/98 Int. at 2; Lewinsky 8/1/98 
Int. at 2; 837-DC-00000017; 837-DC-00000020 (courier receipts).
    \764\ Jordan 3/3/98 GJ at 41-42.
    \765\ V004-DC-00000148 (Akin, Gump phone records). See also Jordan 
3/3/98 GJ at 54, 62-63, 70.
    Mr. Halperin testified that Mr. Jordan had told him that Ms. 
Lewinsky ``was a bright young woman who was energetic and enthusiastic 
and * * * encouraged me to meet with her.'' Halperin 4/23/98 GJ at 13. 
Similarly, Ms. Fairbairn stated that Mr. Jordan had told her that he 
``would like to send [her] a resume of a talented young lady and see if 
she matches up with any company openings.'' Fairbairn 1/29/98 Int. at 
1. Mr. Georgescu, however, stated that Mr. Jordan ``did not engage in a 
`sales pitch' about [Ms.] Lewinsky.'' Georgescu 3/25/98 Int. at 2.
    \766\ Lewinsky 8/6/98 GJ at 121. Ms. Lewinsky left the meeting with 
Mr. Jordan on December 8 with the impression that Mr. Jordan was going 
to get her a job. Lewinsky 8/1/98 Int. at 4.
---------------------------------------------------------------------------
    At one point in the conversation, according to Ms. 
Lewinsky, Mr. Jordan said, ``[Y]ou're a friend of the 
President.'' 767 This prompted Ms. Lewinsky to 
reveal that she ``didn't really look at him as the President''; 
rather, she ``reacted to him more as a man and got angry at him 
like a man and just a regular person.'' 768 When Mr. 
Jordan asked why Ms. Lewinsky got angry at the President, she 
replied that she became upset ``when he doesn't call me enough 
or see me enough.'' 769 Ms. Lewinsky testified that 
Mr. Jordan advised her to take her frustrations out on him 
rather than the President.770 According to Ms. 
Lewinsky, Mr. Jordan summed up the situation: ``You're in love, 
that's what your problem is.'' 771
---------------------------------------------------------------------------
    \767\ Lewinsky 8/6/98 GJ at 119.
    \768\ Lewinsky 8/6/98 GJ at 120.
    \769\ Lewinsky 8/6/98 GJ at 120.
    \770\ Lewinsky 8/6/98 GJ at 120. In her handwritten proffer, Ms. 
Lewinsky gave a very similar account of her second meeting with Mr. 
Jordan: ``Ms. L. met again with Mr. Jordan in the beginning of December 
'97, at which time he provided Ms. L. with a list of three people to 
contact and suggested language to use in her letters to them. At some 
point, Mr. Jordan remarked something about Ms. L. being a friend of the 
Pres. of the United States. Ms. L. responded that she never really saw 
him as ``the President''; she spoke to him like a normal man and even 
got angry with him like a normal man. Mr. Jordan asked what Ms. L. got 
angry about. Ms. L. replied that the Pres. doesn't see or call her 
enough. Mr. Jordan said Ms. L. should take her frustrations out on 
him--not the President.'' Lewinsky 2/1/98 Statement at 3-4.
    \771\ Lewinsky 8/6/98 GJ at 120.
---------------------------------------------------------------------------
    Mr. Jordan recalled a similar conversation, in which Ms. 
Lewinsky complained that the President did not see her enough, 
although he thought it took place during a meeting eight days 
later. He testified that he felt the need to remind Ms. 
Lewinsky that the President is the ``leader of the free world'' 
and has competing obligations.772
---------------------------------------------------------------------------
    \772\ Jordan 3/3/98 GJ at 154.
---------------------------------------------------------------------------
    Mr. Jordan is ``certain'' that he had a conversation with 
the President about Ms. Lewinsky at some point after this 
December 11 meeting. 773 He told the President that 
he would be trying to get Ms. Lewinsky a job in New 
York.774 Mr. Jordan testified that the President 
``was aware that people were trying to get jobs for her, that 
Podesta was trying to help her, that Bill Richardson was trying 
to help her, but that she really wanted to work in the private 
sector.'' 775
---------------------------------------------------------------------------
    \773\ Jordan 3/3/98 GJ at 64-65.
    \774\ Jordan 3/3/98 GJ at 65.
    \775\ Jordan 3/3/98 GJ at 65.
---------------------------------------------------------------------------

                      F. Early Morning Phone Call

    On December 15, 1997, Paula Jones's lawyers served 
President Clinton with her second set of document requests by 
overnight mail. These requests asked the President to ``produce 
documents that related to communications between the President 
and Monica Lewisky'' [sic].776 This was the first 
Paula Jones discovery request to refer to Monica Lewinsky by 
name.
---------------------------------------------------------------------------
    \776\ 1414-DC-00001534--46 (Plaintiff's Second Request for 
Production of Documents and Things).
---------------------------------------------------------------------------
    Ms. Lewinsky testified that in the early-morning hours of 
December 17, at roughly 2:00 or 2:30 a.m., she received a call 
from the President.777 The call lasted about half an 
hour.778
---------------------------------------------------------------------------
    \777\ Lewinsky 8/6/98 GJ at 121-26.
    \778\ Lewinsky 8/6/98 GJ at 126. Ms. Lewinsky testified that the 
call came as a surprise because Mrs. Clinton was in town. Id. at 122. 
See also 968-DC-00003479 (Mrs. Clinton's schedule reflects that she was 
in Washington, D.C. on December 17).
---------------------------------------------------------------------------
    The President gave Ms. Lewinsky two items of news: Ms. 
Currie's brother had died in a car accident, and Ms. Lewinsky's 
name had appeared on the witness list in the Jones 
case.779 According to Ms. Lewinsky, the President 
said ``it broke his heart'' to see her name on the witness 
list.780 The President told her that she would not 
necessarily be subpoenaed; if she were, he ``suggested she 
could sign an affidavit to try to satisfy [Ms. Jones's] inquiry 
and not be deposed.'' 781
---------------------------------------------------------------------------
    \779\ Lewinsky 8/6/98 GJ at 122-23.
    \780\ Lewinsky 8/6/98 GJ at 123.
    \781\ Lewinsky 2/1/98 Statement at 4.
---------------------------------------------------------------------------
    The President told Ms. Lewinsky to contact Ms. Currie in 
the event she were subpoenaed.782 He also reviewed 
one of their established cover stories. He told Ms. Lewinsky 
that she ``should say she visited the [White House] to see Ms. 
Currie and, on occasion when working at the [White House], she 
brought him letters when no one else was around.'' 
783 The President's advice ``was * * * instantly 
familiar to [Ms. Lewinsky].'' 784 She testified that 
the President's use of this ``misleading'' story amounted to a 
continuation of their pre-existing pattern.785
---------------------------------------------------------------------------
    \782\ Lewinsky 8/6/98 GJ at 123.
    \783\ Lewinsky 2/1/98 Statement at 4.
    \784\ Lewinsky 8/6/98 GJ at 123-24. Ms. Lewinsky testified that, 
``on [s]everal occasions,'' they had resolved to use this cover story 
to conceal their relationship. Id.
    \785\ Lewinsky 8/6/98 GJ at 232.
---------------------------------------------------------------------------
    Later in the conversation, according to Ms. Lewinsky, the 
President said he would try to get Ms. Currie to come in over 
the weekend so that Ms. Lewinsky could visit and he could give 
her several Christmas presents.786 Ms. Lewinsky 
replied that, since Ms. Currie's brother had just died, perhaps 
they should ``let Betty be.'' 787
---------------------------------------------------------------------------
    \786\ Lewinsky 8/6/98 GJ at 126.
    \787\ Lewinsky 8/6/98 GJ at 126.
---------------------------------------------------------------------------
    In his grand jury appearance, the President was questioned 
about the December 17 phone call. He testified that, although 
he could not rule it out, he did not remember such a 
call.788 The President was also asked whether in 
this conversation, or a conversation before Ms. Lewinsky's name 
came up in the Jones case, he instructed her to say that she 
was coming to bring letters. The President answered: ``I might 
well have said that.'' 789
---------------------------------------------------------------------------
    \788\ Clinton 8/17/98 GJ at 116.
    \789\ Clinton 8/17/98 GJ at 119. The President himself gave this 
explanation of Ms. Lewinsky's visits to the Oval Office at his Jones 
deposition. Clinton 1/17/98 Depo. at 50-51.
---------------------------------------------------------------------------
    But when asked whether he ever said anything along these 
lines after Ms. Lewinsky had been identified on the witness 
list, the President answered: ``I don't recall whether I might 
have done something like that.'' 790 He speculated 
that he might have suggested this explanation in the context of 
a call from a reporter.791 Nonetheless, he 
testified, in the context of the Jones case, ``I never asked 
her to lie.'' 792
---------------------------------------------------------------------------
    \790\ Clinton 8/17/98 GJ at 119-20.
    \791\ Clinton 8/17/98 GJ at 119-20.
    \792\ Clinton 8/17/98 GJ at 120.
---------------------------------------------------------------------------

                           G. Job Interviews

    On December 18, Ms. Lewinsky had two job interviews in New 
York City. At MacAndrews & Forbes, she met with Executive Vice 
President and Special Counsel to the Chairman Richard Halperin, 
who viewed the interview as ``an accommodation for Vernon 
Jordan.'' 793 At Burson-Marstellar, she interviewed 
with Celia Berk, Managing Director of Human 
Resources.794 A few days later, on December 23, Ms. 
Lewinsky interviewed in Washington, D.C., with Thomas Schick, 
Executive Vice President, Corporate Affairs and Communications, 
of American Express.795
---------------------------------------------------------------------------
    \793\ Halperin 1/26/98 Int. at 2.
    \794\ Berk 3/31/98 Int. at 1-2. In her proffer, Ms. Lewinsky stated 
that, during the week following her December 11 meeting with Mr. 
Jordan, she ``had two interviews in NY in response to her letters.'' 
Lewinsky 2/1/98 Statement at 4.
    \795\ Schick 1/29/98 Int. at 2.

          XII. December 19, 1997-January 4, 1998: The Subpoena

    Ms. Lewinsky was served with a subpoena in the Jones case 
on Friday, December 19. She immediately called Mr. Jordan, and 
he invited her to his office. Mr. Jordan spoke with the 
President that afternoon and again that evening. He told the 
President that he had met with Ms. Lewinsky, that she had been 
subpoenaed, and that he planned to obtain an attorney for her. 
On Sunday, December 28, the President met with Ms. Lewinsky, 
who expressed concern about the subpoena's demand for the gifts 
he had given her. Later that day, Ms. Currie drove to Ms. 
Lewinsky's apartment and collected a box containing some of the 
subpoenaed gifts. Ms. Currie took the box home and hid it under 
her bed.

               a. december 19: ms. lewinsky is subpoenaed

    On Friday, December 19, 1997, sometime between 3:00 p.m. 
and 4:00 p.m., Ms. Lewinsky was served with a subpoena at her 
Pentagon office.796 The subpoena commanded her to 
appear for a deposition in Washington, D.C., at 9:30 a.m. on 
January 23, 1998.797 The subpoena also required the 
production of certain documents and gifts. Among the items that 
Ms. Lewinsky was required to produce were ``each and every gift 
including, but not limited to, any and all dresses, 
accessories, and jewelry, and/or hat pins given to you by, or 
on behalf of, Defendant Clinton,'' as well as ``[e]very 
document constituting or containing communications between you 
and Defendant Clinton, including letters, cards, notes, 
memoranda, and all telephone records.'' 798
---------------------------------------------------------------------------
    \796\ Lewinsky 8/6/98 GJ at 128; Harte 4/17/98 Int. at 1.
    \797\ 902-DC-000000135--138 (Lewinsky subpoena).
    \798\ 902-DC-000000137.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that, after being served with the 
subpoena, she ``burst into tears,'' and then telephoned Mr. 
Jordan from a pay phone at the Pentagon.799 Mr. 
Jordan confirmed Ms. Lewinsky's account; he said he tried to 
reassure Ms. Lewinsky: ``[C]ome and talk to me and I will see 
what I can do about finding you counsel.'' 800
---------------------------------------------------------------------------
    \799\ Lewinsky 8/6/98 GJ at 128-29; Lewinsky 7/27/98 Int. at 6; 8/
1/98 Int. at 6-7. In the late-night December 17 call, the President 
told Ms. Lewinsky that, if she were subpoenaed, she should call Ms. 
Currie. Ms. Lewinsky did not do so on December 19 because Ms. Currie's 
brother had recently died and Ms. Lewinsky did not want to bother her. 
Lewinsky 8/6/98 GJ at 126.
    \800\ Jordan 3/3/98 GJ at 92-93. Mr. Jordan said that he did not 
contemplate representing Ms. Lewinsky himself because ``I represent 
companies. I don't represent individuals.'' Jordan 3/3/98 GJ at 101.
---------------------------------------------------------------------------
    According to records maintained by Mr. Jordan's law firm, 
Ms. Lewinsky arrived at his office at 4:47 p.m.801 
White House phone records show that, at 4:57 p.m., the 
President telephoned Mr. Jordan; the two men spoke from 5:01 
p.m. to 5:05 p.m.802 At 5:06 p.m., Mr. Jordan placed 
a two-minute call to a Washington, D.C., attorney named Francis 
Carter.803
---------------------------------------------------------------------------
    \801\ V004-DC-00000172 (Akin, Gump visitor logs).
    \802\ V004-DC-00000151 (Akin, Gump telephone records, indicating 
the call ended at 5:05 p.m.); 1178-DC-00000014 (Presidential call logs, 
reflecting the call ended at 5:08 p.m.). Presidential call logs are 
recorded by hand, and thus are likely to be less accurate. The 
President may have been returning a call that Mr. Jordan had placed at 
3:51 p.m.
    \803\ Lewinsky 8/6/98 GJ at 131; V004-DC-00000151 (Akin, Gump 
telephone records). Mr. Jordan asked whether he could bring a potential 
client to Mr. Carter's office on Monday morning. Jordan 5/5/98 GJ at 
135-136; Carter 6/18/98 GJ at 7-8.
---------------------------------------------------------------------------
    Ms. Lewinsky and Mr. Jordan gave somewhat different 
accounts of their meeting that day. According to Ms. Lewinsky, 
shortly after her arrival, Mr. Jordan received a phone call, 
and she stepped out of his office. A few minutes later, Ms. 
Lewinsky was invited back in, and Mr. Jordan called Mr. 
Carter.804
---------------------------------------------------------------------------
    \804\ Lewinsky 8/6/98 GJ at 131.
---------------------------------------------------------------------------
    Mr. Jordan testified that he spoke to the President before 
Ms. Lewinsky ever entered his office.805 He told the 
President: ``Monica Lewinsky called me up. She's upset. She's 
gotten a subpoena. She is coming to see me about this subpoena. 
I'm confident that she needs a lawyer, and I will try to get 
her a lawyer.'' 806 Mr. Jordan told the President 
that the lawyer he had in mind was Francis 
Carter.807 According to Mr. Jordan, the President 
asked him: ``You think he's a good lawyer?'' Mr. Jordan 
responded that he was.808 Mr. Jordan testified that 
informing the President of Ms. Lewinsky's subpoena ``was the 
purpose of [his] call.'' 809
---------------------------------------------------------------------------
    \805\ Jordan 5/5/98 GJ at 140, 152-53.
    \806\ Jordan 5/5/98 GJ at 145.
    \807\ Jordan 5/5/98 GJ at 145.
    \808\ Jordan 5/5/98 GJ at 147.
    \809\ Jordan 5/5/98 GJ at 147.
---------------------------------------------------------------------------
    According to Mr. Jordan, when Ms. Lewinsky entered his 
office, ``[H]er emotional state was obviously one of 
dishevelment and she was quite upset. She was crying. She was--
she was highly emotional, to say the least.'' 810 
She showed him the subpoena as soon as she 
entered.811
---------------------------------------------------------------------------
    \810\ Jordan 3/3/98 GJ at 102.
    \811\ Jordan 3/3/98 GJ at 103.
---------------------------------------------------------------------------
    Ms. Lewinsky also testified that she discussed the subpoena 
with Mr. Jordan.812 She told him that she found the 
specific reference to a hat pin alarming--how could the Jones's 
attorneys have known about it? 813 Mr. Jordan told 
her it was ``a standard subpoena.'' 814 When he 
indicated to Ms. Lewinsky that he would be seeing the President 
that night, Ms. Lewinsky told him ``to please make sure that he 
told the President'' about her subpoena.815
---------------------------------------------------------------------------
    \812\ Lewinsky 8/6/98 GJ at 131-32.
    \813\ Lewinsky 8/6/98 GJ at 132.
    \814\ Lewinsky 8/6/98 GJ at 132. In her handwritten proffer, Ms. 
Lewinsky described her meeting with Mr. Jordan that afternoon: ``Ms. L 
expressed anxiety with respect to her subpoena requesting production of 
any gifts from the Pres., specifically citing hat pins which the Pres. 
had in fact given her. Mr. Jordan allayed her concerns by telling her 
it was standard language.'' Lewinsky 2/1/98 Statement at 5.
    \815\ Lewinsky 8/6/98 GJ at 133.
---------------------------------------------------------------------------
    At some point, according to Mr. Jordan, Ms. Lewinsky asked 
him about the future of the Clintons' marriage.816 
Because Ms. Lewinsky seemed ``mesmerized'' by President 
Clinton,817 he ``asked her directly had there been 
any sexual relationship between [her] and the President.'' 
818 Mr. Jordan explained, ``You didn't have to be 
Einstein to know that that was a question that had to be asked 
by me at that particular time, because heretofore this 
discussion was about a job. The subpoena changed the 
circumstances.'' 819 Ms. Lewinsky said she had not 
had a sexual relationship with the President.820
---------------------------------------------------------------------------
    \816\ Jordan 3/3/98 GJ at 150. Ms. Lewinsky confirmed that she had 
such a conversation with Mr. Jordan, although she believed it took 
place after a breakfast meeting on December 31. Lewinsky 8/6/98 GJ at 
188; Lewinsky 2/1/98 Statement at 8.
    \817\ Jordan 3/3/98 GJ at 123.
    \818\ Jordan 3/3/98 GJ at 122. He also said: ``I did not get 
graphic, I did not get specific, I didn't ask her if they kissed, I 
didn't ask if they caressed, all of which, as I understand it, is a 
part of the act of sex.'' Id. at 130.
    \819\ Jordan 3/3/98 GJ at 126.
    \820\ Jordan 3/3/98 GJ at 122-24. See also Lewinsky 8/6/98 GJ at 
133-35.
---------------------------------------------------------------------------
    Ms. Lewinsky testified, however, that at this time she 
assumed that Mr. Jordan knew ``with a wink and a nod that [she] 
was having a relationship with the President.'' 821 
She therefore interpreted Mr. Jordan's questions as ``What are 
you going to say?'' rather than ``What are the [actual] answers 
* * *?'' 822 When the meeting ended, she ``asked 
[Mr. Jordan] if he would give the President a hug.'' 
823
---------------------------------------------------------------------------
    \821\ Lewinsky 8/6/98 GJ at 134.
    \822\ Lewinsky 8/6/98 GJ at 134.
    \823\ Lewinsky 8/6/98 GJ at 135. According to Ms. Lewinsky, Mr. 
Jordan responded, ``I don't hug men.'' Id.
---------------------------------------------------------------------------
    That evening, Mr. Jordan visited the President at the White 
House. According to Mr. Jordan, the two met alone in the 
Residence and talked for about ten minutes.824 He 
testified:
---------------------------------------------------------------------------
    \824\ Jordan 3/3/98 GJ at 167-8.

          I told him that Monica Lewinsky had been subpoenaed, 
        came to me with a subpoena. I told him that I was 
        concerned by her fascination, her being taken with him. 
        I told him how emotional she was about having gotten 
        the subpoena. I told him what she said to me about 
        whether or not he was going to leave the First Lady at 
        the end of the term.825
---------------------------------------------------------------------------
    \825\ Jordan 3/3/98 GJ at 169. According to Mr. Jordan, the 
President listened with ``some amazement'' when Mr. Jordan recounted 
the conversation. Id. at 170.

Mr. Jordan asked the President ``[t]he one question that I 
wanted answered.'' 826 That question was, ``Mr. 
President, have you had sexual relations with Monica 
Lewinsky?'' The President told Mr. Jordan, ``No, never.'' 
827
---------------------------------------------------------------------------
    \826\ Jordan 3/3/98 GJ at 173-74.
    \827\ Jordan 3/3/98 GJ at 170.
---------------------------------------------------------------------------
    Mr. Jordan told the President: ``I'm trying to help her get 
a job and I'm going to continue to do that. I'm going to get 
her counsel and I'm going to try to be helpful to her as much 
as I possibly can, both with the lawyer, and I've already done 
what I could about the job, and I think you ought to know 
that.'' 828 Mr. Jordan testified: ``He thanked me 
for telling him. Thanked me for my efforts to get her a job and 
thanked me for getting her a lawyer.'' 829
---------------------------------------------------------------------------
    \828\ Jordan 3/3/98 GJ at 171.
    \829\ Jordan 3/3/98 GJ at 172. In the days that followed, Mr. 
Jordan informed the President that he had succeeded in engaging Francis 
Carter to represent Ms. Lewinsky. Jordan 3/5/98 GJ at 27.
---------------------------------------------------------------------------
    In his grand jury testimony, the President recalled that he 
met with Mr. Jordan on December 19; however, he testified that 
his memory of that meeting was somewhat vague:

          I do not remember exactly what the nature of the 
        conversation was. I do remember that I told him that 
        there was no sexual relationship between me and Monica 
        Lewinsky, which was true. And that--then all I remember 
        for the rest is that he said he had referred her to a 
        lawyer, and I believe it was Mr. Carter.830
---------------------------------------------------------------------------
    \830\ Clinton 8/17/98 GJ at 64.

Asked whether he recalled that Mr. Jordan told him that Ms. 
Lewinsky appeared fixated on him and hoped that he would leave 
Mrs. Clinton, the President testified: ``I recall him saying he 
thought that she was upset with--somewhat fixated on me, that 
she acknowledged that she was not having a sexual relationship 
with me, and that she did not want to be [brought] into that 
Jones lawsuit.'' 831
---------------------------------------------------------------------------
    \831\ Clinton 8/17/98 GJ at 65-66.
---------------------------------------------------------------------------

               B. December 22: Meeting with Vernon Jordan

    Mr. Jordan arranged for Ms. Lewinsky to meet with attorney 
Francis Carter at 11:00 a.m. on Monday, December 
22.832 On that morning, according to Ms. Lewinsky, 
she called Mr. Jordan and asked to meet before they went to Mr. 
Carter's office.833 She testified: ``I was a little 
concerned. I thought maybe [Mr. Jordan] didn't really 
understand * * * what it was that was happening here with me 
being subpoenaed and what this really meant.'' 834 
She also wanted to find out whether he had in fact told the 
President of her subpoena. Mr. Jordan said that he 
had.835 Ms. Lewinsky also told Mr. Jordan that she 
was worried that someone might have been eavesdropping on her 
telephone conversations with the President.836 When 
Mr. Jordan asked why she thought that would be of concern, Ms. 
Lewinsky said, ``Well, we've had phone sex.'' 837
---------------------------------------------------------------------------
    \832\ Jordan 3/3/98 GJ at 164-66, 183-84.
    \833\ Lewinsky 8/6/98 GJ at 138.
    \834\ Lewinsky 8/6/98 GJ at 138.
    \835\ Lewinsky 8/6/98 GJ at 138-39.
    \836\ Lewinsky 8/6/98 GJ at 139.
    \837\ Lewinsky 8/6/98 GJ at 139. Mr. Jordan asked what ``phone 
sex'' was. Lewinsky 8/6/98 GJ at 139. Ms. Lewinsky stated that she may 
have explained it this way: ``He's taking care of business on one end 
and I'm taking care of business on another.'' Lewinsky 8/6/98 GJ at 
143.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that she brought some of her gifts 
from the President, showed them to Mr. Jordan, and implied that 
these items were not all of the gifts that the President had 
given her.838 Mr. Jordan, in contrast, testified 
that Ms. Lewinsky never showed him any gifts from the 
President.839
---------------------------------------------------------------------------
    \838\ Lewinsky 8/6/98 GJ at 139-140. In her proffer, Ms. Lewinsky 
wrote that she ``showed Mr. Jordan the items she was producing in 
response to the subpoena. Ms. L believes she made it clear that this 
was not everything she had that could respond to the subpoena, but she 
thought it was enough to satisfy.'' Lewinsky 2/1/98 Statement at 6.
    \839\ Jordan 3/3/98 GJ at 153.
---------------------------------------------------------------------------

           C. December 22: First Meeting with Francis Carter

    Mr. Jordan drove Ms. Lewinsky to Mr. Carter's 
office.840 There, he introduced Ms. Lewinsky to Mr. 
Carter, explaining that she needed not only a lawyer but a 
``counselor.'' 841 Mr. Carter testified that, after 
the initial referral, he expected to have no further contact 
with Mr. Jordan about Ms. Lewinsky or her case.842
---------------------------------------------------------------------------
    \840\ The diaries of both Mr. Carter and Mr. Jordan reflect an 
11:00 a.m. appointment on December 22, 1997. 902-DC--00000231 (Mr. 
Carter's diary) and 1034-DC-00000103 (Mr. Jordan's diary).
    \841\ Carter 6/18/98 GJ at 12, 14. According to Mr. Carter, 
although Mr. Jordan had previously referred clients to him, Mr. Jordan 
had never personally driven them to his office. Id. at 160-61.
    \842\ Carter 6/18/98 GJ at 158-60, 15, 75.
---------------------------------------------------------------------------
    Mr. Carter and Ms. Lewinsky then met for approximately an 
hour.843 She explained that she did not want to be 
drawn into the Jones case and would strongly prefer not to be 
deposed.844 He said that he would try to persuade 
Paula Jones's attorneys not to depose her.845 Ms. 
Lewinsky testified that she suggested filing an affidavit to 
avert a deposition.846
---------------------------------------------------------------------------
    \843\ According to Mr. Carter's bill, he met with Ms. Lewinsky for 
1.1 hours. 902-DC-00000037.
    \844\ Lewinsky 8/6/98 GJ at 146; Carter 6/18/98 GJ at 25.
    \845\ Lewinsky 8/6/98 GJ at 146-47; Carter 6/18/98 GJ at 25.
    \846\ Lewinsky 8/6/98 GJ at 146. Somewhat at odds with Ms. 
Lewinsky, Mr. Carter testified, ``I thought I needed to develop an 
affidavit recounting what she said to me.'' Carter 6/18/98 GJ at 65.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, she asked Mr. Carter to get in 
touch with the President's personal attorney, Robert Bennett, 
just ``to let him know that I had been subpoenaed in this 
case.'' 847 She wanted to make clear that she was 
``align[ing] [her]self with the President's side.'' 
848 Mr. Carter testified that, while Ms. Lewinsky 
was in his office, he placed a call to Mr. Bennett to arrange a 
meeting.849
---------------------------------------------------------------------------
    \847\ Lewinsky 8/6/98 GJ at 147.
    \848\ Lewinsky 8/6/98 GJ at 147.
    \849\ Carter 6/18/98 GJ at 29-30; 902-DC-00000038.
---------------------------------------------------------------------------
    On the morning of Tuesday, December 23, Mr. Carter met for 
an hour with two of the President's personal attorneys, Mr. 
Bennett and Katherine Sexton.850 The President's 
attorneys told Mr. Carter that other witnesses had filed 
motions to quash their subpoenas, and they offered legal 
research to support such a motion.851
---------------------------------------------------------------------------
    \850\ Carter 6/18/98 GJ at 39.
    \851\ Carter 6/18/98 GJ at 42-43.
---------------------------------------------------------------------------

             D. December 23: Clinton Denials to Paula Jones

    Throughout the sexual harassment case, Ms. Jones's 
attorneys attempted to obtain information about President 
Clinton's sexual relationships with any woman other than his 
wife. On December 11, 1997, the judge overseeing the Jones 
case, Susan Webber Wright, ruled that the President had to 
answer a written interrogatory naming every state and federal 
employee since 1986 with whom he had sexual relations or with 
whom he had proposed to have sexual relations. On December 23, 
1997, the President answered the interrogatory: ``None.'' 
852
---------------------------------------------------------------------------
    \852\ V002-DC-000000052--54 (President Clinton's Supplemental 
Responses to Plaintiff's Second Set of Interrogatories); 1414-DC-
00000512--17 (same).
---------------------------------------------------------------------------

            E. December 28: Final Meeting with the President

    A day or two after Christmas, Ms. Lewinsky called Ms. 
Currie and told her that the President had mentioned that he 
had presents for her.853 Ms. Currie called back and 
told her to come to the White House at 8:30 a.m. on Sunday, 
December 28.854
---------------------------------------------------------------------------
    \853\ Lewinsky 8/6/98 GJ at 149.
    \854\ Lewinsky 8/6/98 GJ at 149.
---------------------------------------------------------------------------
    That morning, Ms. Lewinsky met with the President in the 
Oval Office. WAVES records reflect that the visit was requested 
by Ms. Currie and that Ms. Lewinsky entered the White House at 
8:16 a.m.855
---------------------------------------------------------------------------
    \855\ V0006-DC-00000009 (WAVES records).
---------------------------------------------------------------------------
    After she arrived at the Oval Office, she, the President, 
and Ms. Currie played with Buddy, the President's dog, and 
chatted. Then, the President took her to the study and gave her 
several Christmas presents: a marble bear's head, a Rockettes 
blanket, a Black Dog stuffed animal, a small box of chocolates, 
a pair of joke sunglasses, and a pin with a New York skyline on 
it.856
---------------------------------------------------------------------------
    \856\ Lewinsky 8/6/98 GJ at 150-51. In his grand jury testimony, 
the President recalled giving her many of these gifts and acknowledged 
that it was ``probably true'' that these were more gifts than he had 
ever given her in a single day. Clinton 8/17/98 GJ at 36.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that, during this visit, she and the 
President had a ``passionate'' and ``physically intimate'' 
kiss.857
---------------------------------------------------------------------------
    \857\ Lewinsky 8/26/98 Depo. at 53.
---------------------------------------------------------------------------
    Ms. Lewinsky and the President also talked about the Jones 
case.858 In Ms. Lewinsky's account, she asked the 
President ``how he thought [she] got put on the witness list.'' 
859 He speculated that Linda Tripp or one of the 
uniformed Secret Service officers had told the Jones attorneys 
about her.860 When Ms. Lewinsky mentioned her 
anxiety about the subpoena's reference to a hat pin, he said 
``that sort of bothered [him], too.'' 861 He asked 
whether she had told anyone about the hat pin, and she assured 
him that she had not.862
---------------------------------------------------------------------------
    \858\ Lewinsky 8/6/98 GJ at 151.
    \859\ Lewinsky 8/6/98 GJ at 151-52.
    \860\ Lewinsky 8/6/98 GJ at 152. In her handwritten statement of 
February 1, 1998, Ms. Lewinsky wrote: ``Ms. L. asked [the President] 
how he thought the attorneys for Paula Jones found out about her. He 
thought it was probably `that woman from the summer * * * with Kathleen 
Willey' (Linda Tripp) who lead [sic] them to Ms. L or possibly the 
uniformed agents. He shared Ms. L's concern about the hat pin. He asked 
Ms. L if she had told anyone that he had given it to her and she 
replied `no.' '' Lewinsky 2/1/98 Statement at 6.
    \861\ Lewinsky 8/20/98 GJ at 66.
    \862\ Lewinsky 8/6/98 GJ at 152. Ms. Lewinsky acknowledged in the 
grand jury that she had in fact told others about the hat pin. Lewinsky 
8/6/98 GJ at 152.
---------------------------------------------------------------------------
    At some point in the conversation, Ms. Lewinsky told the 
President, ``[M]aybe I should put the gifts away outside my 
house somewhere or give them to someone, maybe Betty.'' 
863 Ms. Lewinsky recalled that the President 
responded either ``I don't know'' or ``Let me think about 
that.'' 864
---------------------------------------------------------------------------
    \863\ Lewinsky 8/6/98 GJ at 152.
    \864\ Lewinsky 8/6/98 GJ at 152. See also Lewinsky 8/20/98 GJ at 
66.
---------------------------------------------------------------------------
    When Ms. Lewinsky was asked whether she thought it odd for 
the President to give her gifts under the circumstances (with a 
subpoena requiring the production of all his gifts), she 
testified that she did not think of it at the time, but she did 
note some hesitancy on the President's part:

          [H]e had hesitated very briefly right before I left 
        that day in kind of packaging * * * all my stuff back 
        up * * * I don't think he said anything that indicated 
        this to me, but I thought to myself, ``I wonder if he's 
        thinking he shouldn't give these to me to take out.'' 
        But he did.865
---------------------------------------------------------------------------
    \865\ Lewinsky 8/6/98 GJ at 168.

    When asked in the Jones deposition about his last meeting 
with Ms. Lewinsky, the President remembered only that she 
stopped by ``[p]robably sometime before Christmas'' and he 
``stuck [his] head out [of the office], said hello to her.'' 
866 The deposition occurred three weeks after this 
December 28 meeting with Ms. Lewinsky.
---------------------------------------------------------------------------
    \866\ Clinton 1/17/98 Depo. at 68.
---------------------------------------------------------------------------
    In the grand jury, the President acknowledged ``talking 
with Ms. Lewinsky about her testimony, or about the prospect 
that she might have to give testimony. And she, she talked to 
me about that.'' 867 He maintained, however, that 
they did not discuss Ms. Lewinsky's subpoena: ``[S]he was 
upset. She--well, she--we--she didn't--we didn't talk about a 
subpoena. But she was upset.'' 868 In the 
President's recollection, Ms. Lewinsky said she knew nothing 
about sexual harassment; why did she have to testify? According 
to the President, ``I explained to her that it was a political 
lawsuit. They wanted to get whatever they could under oath that 
was damaging to me.'' 869
---------------------------------------------------------------------------
    \867\ Clinton 8/17/98 GJ at 33.
    \868\ Clinton 8/17/98 GJ at 39. He further testified that he did 
not remember that Ms. Lewinsky's subpoena specifically called for a hat 
pin. Clinton 8/17/98 GJ at 45.
    \869\ Clinton 8/17/98 GJ at 39.
---------------------------------------------------------------------------
    Ms. Lewinsky's friend, Catherine Allday Davis, testified 
about a conversation with Ms. Lewinsky on January 3, 1998. Ms. 
Lewinsky told Ms. Davis that she had met with the President and 
discussed the Jones case a few days earlier. Ms. Davis 
testified that Ms. Lewinsky and the President had ``noted 
[that] there was no evidence'' of their 
relationship.870
---------------------------------------------------------------------------
    \870\ Catherine Davis 3/17/98 GJ at 77-79.
---------------------------------------------------------------------------

                  E. December 28: Concealment of Gifts

    In the afternoon of December 28, a few hours after Ms. 
Lewinsky's White House visit, Ms. Currie drove to Ms. 
Lewinsky's Watergate apartment and collected a box containing 
the President's gifts. Ms. Currie then took the box home and 
hid it under her bed. Ms. Lewinsky, Ms. Currie, and the 
President were all questioned as to why Ms. Currie retrieved 
the box of gifts from Ms. Lewinsky.
    According to Ms. Lewinsky, the transfer originated in a 
phone call from Ms. Currie that afternoon. Ms. Lewinsky 
testified that Ms. Currie said, ``I understand you have 
something to give me,'' or, ``The President said you have 
something to give me.'' 871 Ms. Lewinsky understood 
that Ms. Currie was alluding to the gifts.872 Ms. 
Currie said that she would stop by Ms. Lewinsky's apartment and 
pick up the items.873 Ms. Lewinsky testified that 
she put many, but not all, of her gifts from the President into 
a box. Ms. Currie drove by her apartment and picked it 
up.874
---------------------------------------------------------------------------
    \871\ Lewinsky 8/6/98 GJ at 154-55.
    \872\ Lewinsky 8/6/98 GJ at 155.
    \873\ Lewinsky 8/6/98 GJ at 155-56.
    \874\ Lewinsky 8/6/98 GJ at 156-58. Ms. Currie could remember only 
one other occasion in which she had driven to Ms. Lewinsky's Watergate 
apartment. Currie 5/6/98 GJ at 108.
---------------------------------------------------------------------------
    Ms. Lewinsky was concerned because the gifts were under 
subpoena; she did not throw them away, however, because ``they 
meant a lot to [her].'' 875 The reason she gave the 
gifts to Ms. Currie, and not to one of her friends or her 
mother, was ``a little bit of an assurance to the President * * 
* that everything was okay.'' 876 She felt that, 
because the gifts were with Ms. Currie, they were within the 
President's control: ``Not that [the gifts] were going to be in 
his possession, but that he would understand whatever it was I 
gave to Betty and that that might make him feel a little bit 
better.'' 877
---------------------------------------------------------------------------
    \875\  Lewinsky 8/6/98 GJ at 158-59.
    \876\  Lewinsky 8/6/98 GJ at 159.
    \877\  Lewinsky 8/6/98 GJ at 159. See also Lewinsky 8/1/98 Int. at 
12.
---------------------------------------------------------------------------
    Ms. Lewinsky's account of the events of December 28 in her 
sworn statement of February 1, 1998, corroborates her later 
grand jury testimony:

          ``Ms. L * * * asked if she should put away (outside 
        her home) the gifts he had given her or, maybe, give 
        them to someone else. Ms. Currie called Ms. L later 
        that afternoon as said that the Pres. had told her Ms. 
        L. wanted her to hold onto something for her. Ms. L 
        boxed up most of the gifts she had received and gave 
        them to Ms. Currie. It is unknown if Ms. Currie knew 
        the contents of the box.'' 878
---------------------------------------------------------------------------
    \878\  Lewinsky 2/1/98 Statement at 7 (punctuation corrected).

    Ms. Currie's testimony was somewhat at odds with Ms. 
Lewinsky's. Though her overall recollection was hazy, Ms. 
Currie believed that Ms. Lewinsky had called her and raised the 
idea of the gifts transfer. 879 Ms. Currie was asked 
---------------------------------------------------------------------------
about the President's involvement in the transfer:

    \879\  Ms. Currie stated, at various times, that the transfer 
occurred sometime in late December 1997 or early January 1998. Currie 
1/24/98 Int. at 3; Currie 1/27/98 GJ at 56-57; Currie 5/6/98 GJ at 103-
07.
---------------------------------------------------------------------------
          Q: And did the President know you were holding these 
        things for Monica?
          BC: I don't know. I don't know.
          Q: Didn't he say to you that Monica had something for 
        you to hold?
          BC: I don't remember that. I don't.
          Q: Did you ever talk to the President and tell him 
        you had this box from Monica?
          BC: I don't remember that either.
          Q: Do you think it happened, though?
          BC: I don't know. I don't know. 880
---------------------------------------------------------------------------
    \880\  Currie 5/6/98 GJ at 105-06.

When asked whether a statement by Ms. Lewinsky indicating that 
Ms. Currie had in fact spoken to the President about the gift 
transfer would be false, Ms. Currie replied: ``Then she may 
remember better than I. I don't remember.'' 881
---------------------------------------------------------------------------
    \881\  Currie 5/6/98 GJ at 126.
---------------------------------------------------------------------------
    According to Ms. Currie, Ms. Lewinsky said that she was 
uncomfortable retaining the gifts herself because ``people were 
asking questions'' about them. 882 Ms. Currie said 
she drove to Ms. Lewinsky's residence after work, collected the 
box, brought it home, and put it under her bed. 883 
Written on the top of the box were the words ``Please do not 
throw away!!!'' 884 Ms. Currie testified that she 
knew that the box contained gifts from the President. 
885
---------------------------------------------------------------------------
    \882\  Currie 1/27/98 GJ at 58. In her first grand jury appearance 
in January, Ms. Currie was asked whether she knew who had been asking 
the questions about the gifts. She testified: ``Sir, no, I don't.'' Id. 
In a May grand jury appearance, Ms. Currie responded to a similar 
question by saying that she understood that Newsweek reporter Michael 
Isikoff (who had earlier written about Kathleen Willey) was asking 
about the gifts. Currie 5/6/98 GJ at 107, 114, 120. Ms. Lewinsky 
testified that she never spoke to Mr. Isikoff. Lewinsky 8/24/98 Int. at 
9.
    \883\  Currie 5/6/98 GJ at 107-08. See also Currie 1/27/98 GJ at 
57-58.
    \884\  Currie 5/6/98 GJ at 110. When the OIC later obtained the box 
from Ms. Currie by subpoena, it contained various items that the 
President had given to Ms. Lewinsky, including (a) a hat pin; (b) a 
brooch; (c) an official copy of the 1996 State of the Union Address 
inscribed ``To Monica Lewinsky with best wishes, Bill Clinton''; (d) a 
photograph of the President in the Oval Office with a handwritten note, 
``To Monica--Thanks for the tie Bill Clinton''; (e) a photograph of the 
President and Ms. Lewinsky inscribed ``To Monica--Happy Birthday! Bill 
Clinton 7-23-97''; (f) a sun dress, two t-shirts, and a baseball cap 
with a Black Dog logo on them; and (g) a facsimile copy of a 
Valentine's Day message to ``Handsome'' that Ms. Lewinsky placed in the 
Washington Post in 1996.
    \885\  Currie 5/6/98 GJ at 106-07.
---------------------------------------------------------------------------
    For his part, the President testified that he never asked 
Ms. Currie to collect a box of gifts from Ms. Lewinsky. 
886 He said that he had no knowledge that Ms. Currie 
had held those items ``until that was made public.'' 
887
---------------------------------------------------------------------------
    \886\  Clinton 8/17/98 GJ at 51.
    \887\  Clinton 8/17/98 GJ at 115.
---------------------------------------------------------------------------
    The President testified that he has no distinct 
recollection of discussing the gifts with Ms. Lewinsky on 
December 28: ``[M]y memory is that on some day in December, and 
I'm sorry I don't remember when it was, she said, well, what if 
they ask me about the gifts you have given me. And I said, 
well, if you get a request to produce those, you have to give 
them whatever you have.'' 888
---------------------------------------------------------------------------
    \888\  Clinton 8/17/98 GJ at 46.
---------------------------------------------------------------------------

              D. December 31: Breakfast with Vernon Jordan

    Ms. Lewinsky testified that in late December 1997 she 
realized that she needed to ``come up with some sort of 
strategy as to [what to do] if Linda Tripp'' divulged what she 
knew. 889 On December 30, Ms. Lewinsky telephoned 
Mr. Jordan's office and conveyed either directly to him or 
through one of his secretaries that she was concerned about the 
Jones case. 890
---------------------------------------------------------------------------
    \889\ Lewinsky 8/6/98 GJ at 186. Ms. Tripp, like Ms. Lewinsky, had 
been subpoenaed in the Jones case.
    \890\ Lewinsky 8/6/98 GJ at 186-87. Although Mr. Jordan testified 
that he never had breakfast with Ms. Lewinsky, see Jordan 3/5/98 GJ at 
60, there is strong circumstantial evidence supporting Ms. Lewinsky's 
testimony that she had breakfast with Mr. Jordan on December 31. 
Compare Lewinsky 8/6/98 GJ at 187-89 (describing breakfast) with 916-
DC-00000003 (Park Hyatt receipt reflecting breakfast as described by 
Ms. Lewinsky).
---------------------------------------------------------------------------
    The following day, Ms. Lewinsky and Mr. Jordan had 
breakfast together at the Park Hyatt Hotel. 891 
According to Ms. Lewinsky, she told Mr. Jordan that a friend of 
hers, Linda Tripp, was involved in the Jones case. She told Mr. 
Jordan: ``I used to trust [Ms. Tripp], but I didn't trust her 
any more.'' 892 Ms. Lewinsky said that Ms. Tripp 
might have seen some notes in her apartment. Mr. Jordan asked: 
``Notes from the President to you?'' Ms. Lewinsky responded: 
``No, notes from me to the President.'' According to Ms. 
Lewinsky, Mr. Jordan said: ``Go home and make sure they're not 
there.'' Ms. Lewinsky testified that she understood that Mr. 
Jordan was advising her to ``throw * * * away'' any copies or 
drafts of notes that she had sent to the President. 
893
---------------------------------------------------------------------------
    \891\ Lewinsky 8/6/98 GJ at 186-89.
    \892\ Lewinsky 8/6/98 GJ at 187.
    \893\ Lewinsky 8/6/98 GJ at 187.
---------------------------------------------------------------------------
    After breakfast, Mr. Jordan gave Ms. Lewinsky a ride back 
to his office. 894 When Ms. Lewinsky returned home 
to her apartment that day, she discarded approximately 50 draft 
notes to the President. 895
---------------------------------------------------------------------------
    \894\ Lewinsky 8/6/98 GJ at 188; 8/26/98 Int. at 2; 8/1/98 Int. at 
13.
    \895\ Lewinsky 8/1/98 Int. at 13.
---------------------------------------------------------------------------

                      E. January 4: The Final Gift

    On Sunday, January 4, 1998, Ms. Lewinsky called Ms. Currie 
at home and told her that she wanted to drop off a gift for the 
President. 896 Ms. Currie invited Ms. Lewinsky to 
her home, and Ms. Lewinsky gave her the package. 897 
The package contained a book entitled The Presidents of the 
United States and a love note inspired by the movie Titanic. 
898
---------------------------------------------------------------------------
    \896\ Lewinsky 8/6/98 GJ at 190.
    \897\ Lewinsky 8/6/98 GJ at 190-91.
    \898\ Lewinsky 8/2/98 Int. at 1.

            XIII. January 5-January 16, 1998: The Affidavit

    On January 5, 1998, Ms. Lewinsky's attorney, Francis 
Carter, drafted an affidavit for Ms. Lewinsky in an attempt to 
avert her deposition. She spoke with the President that 
evening. On January 6, Ms. Lewinsky talked to Mr. Jordan about 
the affidavit, which denied any sexual relations between her 
and the President. On January 7, Ms. Lewinsky signed the 
affidavit. On January 8, she interviewed for a job in New York 
City. After the interview went poorly, Mr. Jordan placed a 
phone call to the company's chairman on her behalf, and Ms. 
Lewinsky was given a second interview. The following week, 
after Ms. Lewinsky told Ms. Currie that she would need a 
reference from the White House, the President asked Chief of 
Staff Erskine Bowles to arrange one.

                  a. january 5: francis carter meeting

    At 3:00 p.m. on Monday, January 5, 1998, Ms. Lewinsky met 
with Mr. Carter at his office for approximately one hour. 
899 Ms. Lewinsky testified that Mr. Carter described 
what a deposition was like and ``threw out a bunch of different 
questions.'' 900 The questions that most concerned 
her related to the circumstances of her departure from the 
White House. 901
---------------------------------------------------------------------------
    \899\ 902-DC-00000232 (Mr. Carter's day-planner); 902-DC-00000037 
(Mr. Carter's bill).
    \900\ Lewinsky 8/6/98 GJ at 192. Mr. Carter agreed that, during one 
of his meetings with Ms. Lewinsky, he asked her sample questions. 
Carter 6/18/98 GJ at 110-12.
    \901\ Lewinsky 8/6/98 GJ at 192-93.
---------------------------------------------------------------------------
    Mr. Carter told Ms. Lewinsky that he would draft an 
affidavit for her to sign in hopes of averting her deposition. 
They arranged for Ms. Lewinsky to pick up a draft of the 
affidavit the next day. 902
---------------------------------------------------------------------------
    \902\ Carter 6/18/98 GJ at 67-68; Lewinsky 8/6/98 GJ at 194, 199.
---------------------------------------------------------------------------

                 b. january 5: call from the president

    After her meeting with Mr. Carter, Ms. Lewinsky sent word 
via Ms. Currie that she needed to speak to the President about 
an important matter. 903 Specifically, Ms. Lewinsky 
told Ms. Currie she was anxious about something she needed to 
sign. 904
---------------------------------------------------------------------------
    \903\ Lewinsky 8/6/98 GJ at 195.
    \904\ Lewinsky 8/6/98 GJ at 195; Lewinsky 8/2/98 Int. at 3; 
Lewinsky 2/1/98 Statement at 9 (``That evening Ms. L placed a phone 
call to Ms. Currie asking her to tell the Pres. that she wanted to 
speak with him before she signed something the next day. He returned 
Ms. L's call a few hours later.'').
---------------------------------------------------------------------------
    A few hours later, according to Ms. Lewinsky, the President 
returned her call. 905 She mentioned an affidavit 
she would be signing and asked if he wanted to see it. 
According to Ms. Lewinsky, the President responded that he did 
not, as he had already seen about fifteen others. 
906 Ms. Lewinsky testified that she told the 
President that she was troubled by potential questions about 
her transfer from the White House to the Pentagon. She was 
concerned that ``people at the White House who didn't like 
[her]'' might contradict her and ``get [her] in trouble.'' 
907 The President, according to Ms. Lewinsky, 
advised her: ``[Y]ou could always say that the people in 
Legislative Affairs got it [the Pentagon job] for you or helped 
you get it.'' 908
---------------------------------------------------------------------------
    \905\ Lewinsky 8/6/98 GJ at 196.
    \906\ Lewinsky 8/2/98 Int. at 3. See also Lewinsky 2/1/98 Statement 
at 9 (``The Pres. told Ms. L. not to worry about the affidavit as he 
had seen 15 others.'').
    \907\ Lewinsky 8/6/98 GJ at 197.
    \908\ Lewinsky 8/6/98 GJ at 197; Lewinsky 2/1/98 Statement at 9 
(``Ms. L told him Mr. Carter had asked some sample questions that might 
be asked of her in the deposition and she didn't know how to answer 
them.'').
---------------------------------------------------------------------------
    The President acknowledged in the grand jury that he was 
aware that Ms. Lewinsky had signed an affidavit in early 
January, but had no specific recollection of a conversation 
with her in that time period. 909 He testified that 
he did not recall telling Ms. Lewinsky that she could say, if 
asked, that persons in the Legislative Affairs Office of the 
White House had helped her obtain the job at the Pentagon. 
910
---------------------------------------------------------------------------
    \909\ Clinton 8/17/98 GJ at 126.
    \910\ Clinton 8/17/98 GJ at 129.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, she and the President also 
briefly discussed an antique book that she had dropped off with 
Ms. Currie the day before. With the book, she enclosed a letter 
telling the President that she wanted to have sexual 
intercourse with him at least once. 911 In their 
phone conversation, Ms. Lewinsky told the President, ``I 
shouldn't have written some of those things in the note.'' 
912 She testified that the President agreed. 
913
---------------------------------------------------------------------------
    \911\ Lewinsky 9/3/98 Int. at 2.
    \912\ Lewinsky 8/6/98 GJ at 198.
    \913\ Lewinsky 8/6/98 GJ at 198.
---------------------------------------------------------------------------
    Although the President had testified in the Jones case that 
any personal messages from Ms. Lewinsky to him had been 
``unremarkable,'' he told the grand jury that he had received 
``quite affectionate'' messages from Ms. Lewinsky, even after 
their intimate relationship ended. 914 The President 
testified that he cautioned Ms. Lewinsky about such messages: 
``I remember telling her she should be careful what she wrote, 
because a lot of it was clearly inappropriate and would be 
embarrassing if somebody else read it. I don't remember when I 
said that. I don't remember whether it was in '96 or when it 
was.'' 915 The President did remember the antique 
book Ms. Lewinsky had given him, but said he did not recall a 
romantic note enclosed with it. 916
---------------------------------------------------------------------------
    \914\ Clinton 8/17/98 GJ at 48-49.
    \915\ Clinton 8/17/98 GJ at 50.
    \916\ Clinton 8/17/98 GJ at 127, 49-50.
---------------------------------------------------------------------------

                   c. january 6: the draft affidavit

    According to Ms. Lewinsky, in the afternoon of January 6, 
1998, she visited Mr. Carter's office and picked up a draft of 
the affidavit. 917 Later that day, according to Ms. 
Lewinsky, she and Mr. Jordan discussed the draft by telephone. 
918 Ms. Lewinsky testified that having Mr. Jordan 
review the affidavit was like getting it ``blessed'' by the 
President. 919 Ms. Lewinsky testified that she told 
Mr. Jordan that she was worried about a sentence that implied 
that she had been alone with the President and thus might 
incline Paula Jones's attorneys to question her. 920 
She eventually deleted it. 921
---------------------------------------------------------------------------
    \917\ Lewinsky 8/6/98 GJ at 199-200; Carter 6/18/98 GJ at 70-73. A 
draft copy of the affidavit, with minor revisions, was found in Ms. 
Lewinsky's apartment in the course of a consensual search on January 
22, 1998.
    \918\ Lewinsky 8/6/98 GJ at 200; Lewinsky 2/1/98 Statement at 6 
(``After Ms. L received a draft of the affidavit, she called Mr. Jordan 
to ask that he look it over before she sign it. He instructed her to 
drop off a copy at his office. They spoke later by phone about the 
affidavit agreeing to make some changes.'').
    \919\ Lewinsky 8/6/98 GJ at 194-95.
    \920\ Lewinsky 8/6/98 GJ at 202.
    \921\ As originally drafted, Paragraph 6 of the affidavit stated: 
``In the course of my employment at the White House, I met with the 
President on several occasions. I do not recall ever being alone with 
the President, although it is possible that while working in the White 
House Office of Legislative Affairs I may have presented him with a 
letter for his signature while no one else was present. This would only 
have lasted a few minutes and would not have been a private meeting, 
that is, not behind closed doors.'' 849-DC-00000634 (emphasis added). 
Ms. Lewinsky deleted the underlined sentence.
---------------------------------------------------------------------------
    In addition, Paragraph 8 of the draft affidavit provided in 
part:

        I have never had a sexual relationship with the 
        President. * * * The occasions that I saw the 
        President, with crowds of other people, after I left my 
        employment at the White House in April, 1996 related to 
        official receptions, formal functions or events related 
        to the U.S. Department of Defense, where I was working 
        at the time. 922
---------------------------------------------------------------------------
    \922\ 849-DC-00000634-35 (emphasis added).

Deeming the reference to ``crowds'' ``too far out of the realm 
of possibility,'' 923 Ms. Lewinsky deleted the 
underscored phrase and wrote the following sentence at the end 
of this paragraph: ``There were other people present on all of 
these occasions.'' 924 She discussed this proposed 
sentence, as well as her general anxiety about Paragraph 8, 
with Mr. Jordan. 925
---------------------------------------------------------------------------
    \923\ Lewinsky 8/6/98 GJ at 202.
    \924\ 849-DC-00000635.
    \925\ Lewinsky 8/6/98 GJ at 202.
---------------------------------------------------------------------------
    When questioned in the grand jury, Mr. Jordan acknowledged 
that Ms. Lewinsky called him with concerns about the affidavit, 
926 but maintained that he told her to speak with 
her attorney. 927
---------------------------------------------------------------------------
    \926\ Jordan 3/5/98 GJ at 11.
    \927\ Jordan 3/5/98 GJ at 11.
---------------------------------------------------------------------------
    Phone records for January 6 show that Mr. Jordan had a 
number of contacts with Ms. Lewinsky, the President, and Mr. 
Carter. Less than thirty minutes after Mr. Jordan spoke by 
phone to Ms. Lewinsky, he talked with the President for 
thirteen minutes. Immediately after this call, at 4:33 p.m., 
Mr. Jordan called Mr. Carter. Less than an hour later, Mr. 
Jordan placed a four-minute call to the main White House 
number. Over the course of the day, Mr. Jordan called a White 
House number twice, Ms. Lewinsky three times, and Mr. Carter 
four times. 928
---------------------------------------------------------------------------
    \928\ See Telephone Calls, Table 35. Catalogs of relevant phone 
calls are included in Appendix G as a Phone Log, Tables 1 through 50.
---------------------------------------------------------------------------
    Mr. Carter testified that his phone conversations with Mr. 
Jordan this day and the next ``likely'' related to Ms. Lewinsky 
and his litigation strategy for her. 929 In fact, 
Mr. Carter billed Ms. Lewinsky for time for ``[t]elephone 
conference with Atty Jordan.'' 930
---------------------------------------------------------------------------
    \929\ Carter 6/18/98 GJ at 76-77, 92-93.
    \930\ 902-DC-00000030 (Mr. Carter's bill to Ms. Lewinsky).
---------------------------------------------------------------------------
    When questioned in the grand jury, Mr. Jordan testified 
that he could not specifically remember the January 6 calls. He 
said he ``assumed'' that he talked with Ms. Lewinsky about her 
job search, and he believed that he called Mr. Carter to see 
``how he was dealing with this highly emotional lady.'' 
931 He said that he might have talked with the 
President about Ms. Lewinsky, but he maintained that ``there 
[was] no connection'' between his 13-minute conversation with 
the President and the call he placed immediately thereafter to 
Mr. Carter. 932
---------------------------------------------------------------------------
    \931\ Jordan 5/5/98 GJ at 210, 214.
    \932\ Jordan 5/5/98 GJ at 218-20.
---------------------------------------------------------------------------

               D. January 7: Ms. Lewinsky Signs Affidavit

    Ms. Lewinsky set an appointment with Mr. Carter to finalize 
the affidavit for 10 a.m. on January 7, 1998.933 She 
signed the affidavit; however, she acknowledged in the grand 
jury that statements in it were false.934 Mr. Carter 
indicated to her that he ``intend[ed] to hold onto this until 
after I talk to plaintiff's lawyers.'' He told her to ``keep in 
touch,'' and said: ``Good luck on your job search.'' 
935
---------------------------------------------------------------------------
    \933\ 902-DC-00000232 (Mr. Carter's day-planner).
    \934\ Lewinsky 8/6/98 GJ at 204-05. As to the sentence, ``I have 
never had a sexual relationship with the President,'' she testified 
that this was not true. She was also asked about the statement that 
other persons were present on the occasions she met with the President. 
She termed this paragraph ``misleading,'' explaining: ``[I]t doesn't 
say the only occasions, but it's misleading in that one reading it 
would assume that the only occasions on which I saw the President were 
those listed.''
    \935\ Carter 6/18/98 GJ at 108.
---------------------------------------------------------------------------
    According to Mr. Jordan, Ms. Lewinsky came to his office on 
January 7 and showed him the signed affidavit. 936 
Over the course of the day, Mr. Jordan placed three calls of 
significant duration to the White House. 937 He 
testified: ``I knew the President was concerned about the 
affidavit and whether it was signed or not.'' 938 
When asked whether the President understood that the affidavit 
denied a sexual relationship, Mr. Jordan testified: ``I think 
that's a reasonable assumption.'' 939 According to 
Mr. Jordan, when he informed the President that Ms. Lewinsky 
had signed the affidavit, the President said, ``Fine, good.'' 
940 Mr. Jordan said he was continuing to work on her 
job, and the President responded, ``Good.'' 941
---------------------------------------------------------------------------
    \936\ Jordan 5/5/98 GJ at 222. See also Jordan 3/3/98 GJ at 192; 
Jordan 3/5/98 GJ at 11; Jordan 5/28/98 GJ at 62. Ms. Lewinsky testified 
that she told Mr. Jordan on January 6, that she would be signing an 
affidavit the next day. On January 13, she showed him a copy. Lewinsky 
8/6/98 GJ at 200, 220.
    \937\ See Telephone Calls, Table 36.
    \938\ Jordan 3/5/98 GJ at 24-26.
    \939\ Jordan 5/5/98 GJ at 223-25.
    \940\ Jordan 5/5/98 GJ at 225.
    \941\ Jordan 5/5/98 GJ at 226.
---------------------------------------------------------------------------
    Ten days after this conversation, in the Jones deposition, 
President Clinton was asked whether he knew that Ms. Lewinsky 
had met with Vernon Jordan and talked about the Jones case. He 
answered:

          I knew he met with her. I think Betty suggested that 
        he meet with her. Anyway, he met with her. I, I thought 
        that he talked to her about something else. I didn't 
        know that--I thought he had given her some advice about 
        her move to New York. Seems like that's what Betty 
        said. 942
---------------------------------------------------------------------------
    \942\ Clinton 1/17/98 Depo. at 72.

    In his grand jury appearance, however, President Clinton 
testified that Mr. Jordan informed ``us'' on January 7 that Ms. 
Lewinsky had signed an affidavit to be used in connection with 
the Jones case. 943 The President defended his 
deposition testimony by stating:
---------------------------------------------------------------------------
    \943\ Clinton 8/17/98 GJ at 74.

          [M]y impression was that, at the time, I was focused 
        on the meetings. I believe the meetings he had were 
        meetings about her moving to New York and getting a 
        job.
          I knew at some point that she had told him that she 
        needed some help, because she had gotten a subpoena. 
        I'm not sure I know whether she did that in a meeting 
        or a phone call. And I was not, I was not focused on 
        that. I know that, I know Vernon helped her get a 
        lawyer, Mr. Carter. And I, I believe that he did it 
        after she had called him, but I'm not sure. But I knew 
        that the main source of their meetings was about her 
        move to New York and her getting a job. 944
---------------------------------------------------------------------------
    \944\ Clinton 8/17/98 GJ at 75.
---------------------------------------------------------------------------

                    E. January 8: The Perelman Call

    The day after she signed the affidavit, January 8, 1998, 
Ms. Lewinsky interviewed in New York with Jaymie Durnan, Senior 
Vice President and Special Assistant to the Chairman at 
MacAndrews & Forbes Holdings, Inc. (MFH). 945 Mr. 
Durnan testified that, although impressive, Ms. Lewinsky was 
not suited for any MFH opening. 946 He told her that 
he would pass on her resume to Revlon, an MFH company. 
947 Ms. Lewinsky called Mr. Jordan and reported that 
she felt that the interview had gone ``very poorly.'' 
948 Mr. Jordan indicated in response that ``he'd 
call the chairman.'' 949
---------------------------------------------------------------------------
    \945\ Durnan 3/27/98 Int. at 1.
    \946\ Durnan 3/27/98 Int. at 2.
    \947\ Durnan 3/27/98 Int. at 2.
    \948\ Lewinsky 8/6/98 GJ at 206.
    \949\ Lewinsky 8/6/98 GJ at 207-08.
---------------------------------------------------------------------------
    At 4:54 p.m., Mr. Jordan called Ronald Perelman, chairman 
and chief executive officer of MFH. 950 Mr. Jordan 
told the grand jury with respect to Mr. Perelman, one ``[c]an't 
get any higher--or any richer.'' 951 Asked why he 
chose to call Mr. Perelman, Mr. Jordan responded: ``I have 
spent a good part of my life learning institutions and people, 
and, in that process, I have learned how to make things happen. 
And the call to Ronald Perelman was a call to make things 
happen, if they could happen.'' 952
---------------------------------------------------------------------------
    \950\ See Telephone Calls, Table 37, Call 6.
    \951\ Jordan 5/5/98 GJ at 230.
    \952\ Jordan 5/5/98 GJ at 231. Asked whether he had ever spoken 
with Mr. Perelman in the past in the context of a job referral, Mr. 
Jordan could remember three persons for whom he had made referrals: 
David Dinkins, the former Mayor of New York City; an attorney at Mr. 
Jordan's law firm who ``was good and they actually stole her away from 
Akin Gump because she was so good''; and a graduate of the Harvard 
Business School who was considered for the top position at Marvel 
Comics. Jordan 3/5/98 GJ at 56-58.
---------------------------------------------------------------------------
    According to Mr. Perelman, Mr. Jordan spoke of ``this 
bright young girl, who I think is terrific,'' and said that he 
wanted ``to make sure somebody takes a look at her.'' 
953 Mr. Perelman testified that, in the roughly 
twelve years that Mr. Jordan had been on Revlon's Board of 
Directors, he did not recall Mr. Jordan ever calling to 
recommend someone. 954
---------------------------------------------------------------------------
    \953\ Perelman 4/23/98 Depo. at 10.
    \954\ Perelman 4/23/98 Depo. at 11. In his testimony before the 
House Government and Reform Oversight Committee, Mr. Jordan testified 
that he helped former Associate Attorney General Webster Hubbell be 
retained by Revlon by introducing him to Howard Gittes, Vice Chairman 
and Chief Administrative Officer at MacAndrews & Forbes. Mr. Jordan 
initially testified that he ``certainly'' also spoke with Mr. Perelman 
about retaining Mr. Hubbell. He then testified that ``it was entirely 
possible'' that Mr. Perelman was present on April 6, 1994, when Mr. 
Jordan accompanied Mr. Hubbell to the New York offices of MacAndrews & 
Forbes to introduce Mr. Hubbell to Mr. Gittes, General Counsel Barry 
Schwartz, and Richard Halperin, who was in charge of government 
relations. Jordan 7/24/97 House of Representatives at 35-37. As stated 
in the text, Mr. Perelman does not remember Mr. Jordan ever contacting 
him regarding Mr. Hubbell.
---------------------------------------------------------------------------
    After he spoke with Mr. Perelman, Mr. Jordan telephoned Ms. 
Lewinsky and told her, ``I'm doing the best I can to help you 
out.'' 955 Ms. Lewinsky soon received a call from 
Revlon, inviting her to another interview.956
---------------------------------------------------------------------------
    \955\ Jordan 5/5/98 GJ at 232. Ms. Lewinsky similarly testified 
that Mr. Jordan called her back that evening and told her ``not to 
worry.'' Lewinsky 8/6/98 GJ at 209.
    \956\ Lewinsky 8/6/98 GJ at 209.
---------------------------------------------------------------------------
    Over the course of January 8, Mr. Jordan placed three calls 
to the White House--twice to a number at the White House 
Counsel's Office, once to the main White House 
number.957 As to the Counsel's Office calls, Mr. 
Jordan speculated that he was trying to reach Cheryl Mills, 
Deputy White House Counsel, to express his ``frustration'' 
about Ms. Lewinsky.958 According to Mr. Jordan, Ms. 
Mills knew who Ms. Lewinsky was: ``[T]hat was no secret, I 
don't think, around the White House, that I was helping Monica 
Lewinsky.'' 959
---------------------------------------------------------------------------
    \957\ See Telephone Calls, Table 37. In addition, Mr. Jordan placed 
a two-minute call to a number at the White House Counsel's office from 
his limousine at 6:39 p.m.
    \958\ Jordan 5/28/98 GJ at 19.
    \959\ Jordan 5/28/98 GJ at 20-21. Ms. Mills does not recall having 
any discussions with Mr. Jordan about Ms. Lewinsky prior to January 17, 
1998. Indeed, she had no recollection of hearing Ms. Lewinsky's name 
prior to January 17. Mills 8/11/98 GJ at 10-11.
---------------------------------------------------------------------------

                 F. January 9: ``Mission Accomplished''

    On the morning of Friday, January 9, 1998, Ms. Lewinsky 
interviewed with Allyn Seidman, Senior Vice President of MFH, 
and two individuals at Revlon.960 Ms. Lewinsky 
testified that the interviews went well and that Ms. Seidman 
called her back that day and ``informally offered [her] a 
position, and [she] informally accepted.'' 961
---------------------------------------------------------------------------
    \960\ Seidman 4/23/98 Depo. at 37-38.
    \961\ Lewinsky 8/6/98 GJ at 210.
---------------------------------------------------------------------------
    Ms. Lewinsky then called Mr. Jordan and relayed the good 
news.962 When shown records of a seven-minute call 
at 4:14 p.m., Mr. Jordan testified: ``I have to assume that if 
she got the job and we have a seven-minute conversation and the 
day before I had talked to the chairman [Ronald Perelman], I 
have to assume the Jordan magic worked.'' 963
---------------------------------------------------------------------------
    \962\ Lewinsky 8/6/98 GJ at 210.
    \963\ Jordan 5/28/98 GJ at 30.
---------------------------------------------------------------------------
    According to Mr. Jordan, he believed that he notified Ms. 
Currie and the President as soon as he learned that Ms. 
Lewinsky had obtained an offer: ``I am certain that at some 
point in time I told Betty Currie, `Mission accomplished.' '' 
964 Mr. Jordan testified that he also told the 
President directly that, `` `Monica Lewinsky's going to work 
for Revlon,' and his response was, `Thank you very much.' '' 
965
---------------------------------------------------------------------------
    \964\ Jordan 5/28/98 at 39.
    \965\ Jordan 5/28/98 GJ at 59. Mr. Jordan added that the 
President's response was one of ``appreciation, gratitude.'' Id.
---------------------------------------------------------------------------

             G. January 12: Pre-Trial Hearing in Jones Case

    On January 12, 1998, Judge Wright held a hearing in the 
Jones case to discuss pre-trial issues, including the 
President's upcoming deposition.966 At that hearing, 
Judge Wright required Ms. Jones's counsel to list all the 
witnesses that they planned to call at trial. Ms. Jones's 
witness list named many women, among them Ms. Lewinsky, to 
support her theory that the President had a pattern of 
rewarding women based on their willingness to engage in sexual 
relations with him. At the hearing, Judge Wright indicated that 
she would permit Ms. Jones to call as witnesses some of the 
women she listed in support of her case.
---------------------------------------------------------------------------
    \966\ 921-DC-00000770-72 (Clerk's minutes of in-camera hearing).
---------------------------------------------------------------------------

             H. January 13: References from the White House

    On Tuesday, January 13, 1998, Jennifer Sheldon, Manager of 
Corporate Staffing of Revlon, called Ms. Lewinsky and formally 
extended her a position as a public relations administrator. 
Asked whether this was a relatively quick hiring process, Ms. 
Sheldon responded, ``In totality of how long open positions 
normally stay open, yes. This was pretty fast.'' 967 
Ms. Sheldon told Ms. Lewinsky that she needed to send her some 
references.968
---------------------------------------------------------------------------
    \967\ Sheldon 4/34/98 Depo. at 22.
    \968\ Lewinsky 8/6/98 GJ at 214.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, she then called Ms. Currie 
because she was ``concerned that if I put [Mr. Hilley] down as 
a reference, he might not say flattering things about me.'' 
969 At 11:11 a.m. on January 13, Ms. Currie paged 
Ms. Lewinsky and left the following message: ``Will know 
something this afternoon. Kay.'' 970
---------------------------------------------------------------------------
    \969\ Lewinsky 8/6/98 GJ at 215.
    \970\ 831-DC-00000010. At some point, Ms. Currie and Ms. Lewinsky 
decided that they would use a code name--Kay--when leaving messages for 
each other. Currie 7/22/98 GJ at 175; Lewinsky 8/6/98 GJ at 215-17.
---------------------------------------------------------------------------
    That day, January 13, the President talked with Chief of 
Staff Erskine Bowles about a reference for Ms. 
Lewinsky.971 The President told Mr. Bowles that Ms. 
Lewinsky ``had found a job in the * * * private sector, and she 
had listed John Hilley as a reference, and could we see if he 
could recommend her, if asked.'' Mr. Bowles assured the 
President that Mr. Hilley would give Ms. Lewinsky a 
recommendation commensurate with her job 
performance.972
---------------------------------------------------------------------------
    \971\ Bowles 4/2/98 GJ at 78-79. Mr. Bowles placed this 
conversation with the President at some time between January 4 and 
January 20. Bowles 4/2/98 GJ at 78. Mr. Podesta recalled that Mr. 
Bowles passed this request on to him ``three or four days before the 
President's deposition''--that is, January 13 or January 14, though Mr. 
Podesta did not know who had originated the request. Podesta 6/16/98 GJ 
at 21-22.
    \972\ Bowles 4/2/98 GJ at 78.
---------------------------------------------------------------------------
    Thereafter, Mr. Bowles took the President's request to Mr. 
Podesta, the Deputy Chief of Staff, who in turn spoke with Mr. 
Hilley.973 Mr. Hilley responded that, because he did 
not know Ms. Lewinsky personally, he would have his office 
write a recommendation.974 It would be a generic 
letter, simply confirming the dates of employment, because of 
the less than favorable circumstances surrounding Ms. 
Lewinsky's departure from the White House.975
---------------------------------------------------------------------------
    \973\ Bowles 4/2/98 GJ at 78-79; Podesta 6/16/98 GJ at 24-28; 
Hilley 2/11/98 Int. at 2; Hilley 5/26/98 GJ at 7-11.
    \974\ Podesta 6/16/98 GJ at 24; Hilley 2/11/98 Int. at 2.
    \975\ Hilley 2/11/98 Int. at 2; Hilley 5/26/98 GJ at 10-11; Hilley 
5/19/98 GJ at 74-76. In the grand jury, Mr. Hilley testified: ``At this 
time, I don't recall that piece of the conversation [dealing with Ms. 
Lewinsky's leaving Legislative Affairs under less than favorable 
circumstances] with John Podesta.'' Id. at 76.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that Ms. Currie called later that 
day and told her that ``Mr. Podesta took care of it and 
everything would be fine with Mr. Hilley.'' 976 At 
11:17 a.m. the next day, Wednesday, January 14, Ms. Lewinsky 
faxed her acceptance to Revlon and listed John Hilley and her 
Defense Department supervisor as references.977
---------------------------------------------------------------------------
    \976\ Lewinsky 8/6/98 GJ at 215. At 2:20 p.m., Ms. Currie paged Ms. 
Lewinsky again: ``Please call me. Kay.'' 831-DC-00000010. In the grand 
jury, Ms. Currie stated that she could not remember whether the January 
13 page-messages to Ms. Lewinsky involved attempts to notify her of the 
status of the President's efforts to secure a letter of recommendation 
for her. Currie 7/22/98 GJ at 147-48.
    \977\ 830-DC-00000007.
---------------------------------------------------------------------------
    The President was asked in the grand jury whether he ever 
spoke to Mr. Bowles about obtaining a reference from Mr. Hilley 
for Ms. Lewinsky. He testified that he did, at Ms. Lewinsky's 
request, although he thought he had done so earlier than 
January 13 or 14.978
---------------------------------------------------------------------------
    \978\ Clinton 8/17/98 GJ at 111-13.
---------------------------------------------------------------------------

                  I. January 13: Final Jordan Meeting

    According to Ms. Lewinsky, on Tuesday, January 13, she 
stopped by Mr. Jordan's office to drop off some thank-you gifts 
for helping her find a job. Ms. Lewinsky offered to show him a 
copy of her signed affidavit in the Jones case, but he 
indicated that he did not need to see it.979
---------------------------------------------------------------------------
    \979\ Lewinsky 8/6/98 GJ at 220-21. Mr. Jordan traveled to Florida 
in the early afternoon. 1034-DC-00000109 (Mr. Jordan's day-planner). 
Soon after arriving in Florida, he called Ms. Hernreich's line at the 
White House. See Telephone Calls, Table 42. Later that evening, he 
spoke with the President for nearly four minutes. 1064-DC-00000008 (Mr. 
Jordan's hotel bill). In the grand jury, Mr. Jordan testified that it 
is ``not inconceivable'' that they mentioned Ms. Lewinsky. Jordan 5/28/
98 GJ at 69.
---------------------------------------------------------------------------

    J. January 13-14: Lewinsky-Tripp Conversation and Talking Points

    In a face-to-face conversation on January 13, Ms. Lewinsky 
told Linda Tripp: ``This is what my lawyer taught me. You 
really don't--you don't very often say 'no' unless you really 
need to. The best is, 'Well, not that I recall, not that I 
really remember. Might have, but I don't really remember.''' 
980 Ms. Lewinsky said that, if asked in a 
deposition, ``Were you ever alone with the President?'' she 
could say, ``Um, it's possible I may have taken a letter on the 
weekend, but, you know--I might have, but I don't really. . . 
.'' 981
---------------------------------------------------------------------------
    \980\ T30 at 61.
    \981\ T30 at 114.
---------------------------------------------------------------------------
    Ms. Lewinsky and Ms. Tripp then discussed the situation:

          Ms. Lewinsky: I don't think the way that man thinks, 
        I don't think he thinks of lying under oath. . . .
          Ms. Tripp: Yes, he is because he's the one who said, 
        ``Deny, deny, deny.'' Of course he knows.
          Ms. Lewinsky: Right. But it's--hard to explain this. 
        It's like--(sigh)
          Ms. Tripp: You know what I mean. I mean, I don't 
        know--do I think he is consciously--
          Ms. Lewinsky: If--if--if I said, if somebody said to 
        him, ``Is Monica lying under oath,'' he would say yes. 
        But when he on his own thinks about it, he doesn't 
        think about it in those terms. Okay?
          Ms. Tripp: Probably.
          Ms. Lewinsky: Okay? He thinks of it as, ``We're safe. 
        We're being smart.'' Okay? ``We're being smart, we're 
        being safe, it's good for everybody.'' 982
---------------------------------------------------------------------------
    \982\ T30 at 169-70.

    On January 14, Ms. Lewinsky gave Ms. Tripp a three-page 
document regarding ``points to make in [Ms. Tripp's] 
affidavit.'' 983 Ms. Lewinsky testified that she 
wrote the document herself, although some of the ideas may have 
been inspired by conversations with Ms. Tripp.984
---------------------------------------------------------------------------
    \983\ Lewinsky 8/6/98 GJ at 223-25; GJ Ex. ML-5.
    \984\ Lewinsky 8/6/98 GJ at 223-37. Ms. Tripp, in contrast, 
testified that she believed Ms. Lewinsky received assistance in 
drafting the talking points. Tripp 7/29/98 GJ at 167, 171-172.
---------------------------------------------------------------------------

                    K. January 15: The Isikoff Call

    In the grand jury, Betty Currie testified that on Thursday, 
January 15, 1998, she received a telephone call from Michael 
Isikoff of Newsweek, who inquired about courier receipts 
reflecting items sent by Ms. Lewinsky to the White 
House.985
---------------------------------------------------------------------------
    \985\ Currie 5/6/98 GJ at 120-21.
---------------------------------------------------------------------------
    Ms. Currie called Mr. Jordan and asked for guidance in 
responding to Mr. Isikoff's inquiry because, in her words, she 
had a ``comfort level with Vernon.'' 986 After Ms. 
Currie arranged to meet with Mr. Jordan at his 
office,987 Ms. Lewinsky drove her 
there.988
---------------------------------------------------------------------------
    \986\ Currie 5/6/98 GJ at 130.
    \987\ Akin, Gump records reflect that at some time this day Ms. 
Currie left a message for Mr. Jordan. The message slip listed the name 
of the caller as ``Betty/Potus.'' The message was: ``Kind of 
important.'' V005-DC-00000058.
    \988\ Lewinsky 8/6/98 GJ at 229. Ms. Currie had immediately 
informed Ms. Lewinsky of Mr. Isikoff's call. 831-DC-00000008 (Ms. 
Lewinsky's pager records).
---------------------------------------------------------------------------
    Mr. Jordan confirmed in the grand jury that Ms. Currie 
expressed concern about a call from Mr. Isikoff.989 
He invited her to his office but advised her to ``talk to Mike 
McCurry and Bruce Lindsey * * * because I cannot give you that 
advice.'' 990
---------------------------------------------------------------------------
    \989\ Jordan 3/5/98 GJ at 71.
    \990\ Jordan 3/5/98 GJ at 71.
---------------------------------------------------------------------------
    In a recorded conversation that day, January 15, Ms. 
Lewinsky encouraged Ms. Tripp not to disclose her (Lewinsky's) 
relationship with the President. Ms. Lewinsky tried to persuade 
Ms. Tripp to lie by telling her that others planned to lie: 
``I'm not concerned all that much anymore because I'm not going 
to get in trouble because you know what? The story I've signed 
* * * under oath is what someone else is saying under oath.'' 
When Ms. Tripp asked, ``Who?'' Ms. Lewinsky responded: ``He 
will,'' referring to the President.991 Ms. Lewinsky 
stated that she did not think the President would ``slip up'' 
at his deposition because she was not a ``big issue'' like 
Gennifer Flowers and Paula Jones. In contrast, she regarded 
herself as nothing more than ``rumor and innuendo.'' 
992
---------------------------------------------------------------------------
    \991\ T22 at 12.
    \992\ T22 at 12-13.
---------------------------------------------------------------------------
    One of Ms. Lewinsky's friends, Natalie Ungvari, testified 
that, when Ms. Lewinsky was implicated in the Jones case, ``it 
seemed to me that Monica was just confident everybody would say 
the right thing, that everything would be orchestrated to come 
out a secret.'' 993
---------------------------------------------------------------------------
    \993\ Ungvari 3/19/98 GJ at 61.
---------------------------------------------------------------------------

          L. January 15-16: Developments in the Jones Law Suit

    On January 15, 1998, President Clinton's counsel served Ms. 
Jones's attorneys with the President's responses to Ms. Jones's 
document requests.994 One of the requests 
specifically sought all documents reflecting communications 
between the President and Monica Lewinsky.995 
President Clinton objected to the scope of this request, but, 
notwithstanding his objection, he stated that he did not have 
any responsive documents.
---------------------------------------------------------------------------
    \994\ VV0002-DC-00000093-116 (President Clinton's Responses to 
Plaintiff's Second Set of Requests).
    \995\ 1441-DC-00001534-46 (Second Set of Requests From Plaintiff to 
Defendant Clinton for Production of Documents). Ms. Lewinsky's name was 
misspelled on the document request as Ms. Lewisky.
---------------------------------------------------------------------------
    Also on January 15, Mr. Carter drafted a motion to quash 
the subpoena issued by Paula Jones's attorneys to Ms. Lewinsky. 
Attached to the motion was Ms. Lewinsky's signed 
affidavit.996 At the request of Katherine Sexton, 
one of the President's personal attorneys, Mr. Carter faxed a 
copy of the affidavit to her law offices. Mr. Carter testified 
that he asked Ms. Sexton why she needed the affidavit that day:
---------------------------------------------------------------------------
    \996\ 921-DC-00000775-778.

          I said, ``Well, Katie, you're going to get it 
        tomorrow because I'm filing it, and it's going to be 
        attached as an exhibit to the motion.'' She said, 
        ``Well, but you've already provided it to the other 
        side, so can I get a copy''--words to that effect. I 
        said, ``I have no problem.'' And so I faxed it to 
        her.997
---------------------------------------------------------------------------
    \997\ Carter 6/18/98 GJ at 123.

    On January 16, 1998, Mr. Carter arranged for the overnight 
delivery of the motion to quash and the accompanying affidavit 
to Judge Susan Webber Wright's law clerk and Paula Jones's 
attorneys.998
---------------------------------------------------------------------------
    \998\ 921-DC-00000775. Although the motion (and affidavit) reached 
the Judge's chambers on January 17, the file stamp date was January 20, 
1998.

      XIV. January 17, 1998-Present: The Deposition and Afterward

    The President was asked a number of questions about Ms. 
Lewinsky during his January 17, 1998, deposition in the Jones 
case. In sworn testimony, the President denied having a sexual 
affair or sexual relations with her. That evening, the 
President called Ms. Currie and asked her to meet him the 
following day to discuss Ms. Lewinsky. After allegations that 
the President had an affair with a White House intern became 
public, the President emphatically denied the reports to aides 
and to the American public.

                     a. january 17: the deposition

    On Saturday, January 17, 1998, the President testified 
under oath at a deposition in the Jones case.999 
Judge Susan Webber Wright traveled from Little Rock, Arkansas, 
to preside at the deposition in Washington, D.C.1000
---------------------------------------------------------------------------
    \999\ Clinton 1/17/98 Depo. at 1 (849-DC-00000352 et seq.).
    \1000\ Clinton 1/17/98 Depo. at 1-2.
---------------------------------------------------------------------------
    Prior to any questions, Judge Wright reminded the parties 
about her standing Protective Order. She specifically stated: 
``[I]f anyone reveals anything whatsoever about this deposition 
* * * it will be in violation of the Protective Order. This 
includes the questions that were asked * * * You may 
acknowledge that [the deposition] took place, but that is it.'' 
1001 Judge Wright accepted the following definition 
of the term ``sexual relations:''
---------------------------------------------------------------------------
    \1001\ Clinton 1/17/98 Depo. at 10.

          For the purposes of this deposition, a person engages 
        in ``sexual relations'' when the person knowingly 
        engages in or causes * * * contact with the genitalia, 
        anus, groin, breast, inner thigh, or buttocks of any 
        person with an intent to arouse or gratify the sexual 
        desire of any person * * *. ``Contact'' means 
        intentional touching, either directly or through 
        clothing.1002
---------------------------------------------------------------------------
    \1002\ Clinton 1/17/98 Depo. at 22-23; 849-DC-00000586 (Clinton 
Depo. Ex. 1).

    After the President had answered a few questions about Ms. 
Lewinsky, his attorney, Robert Bennett, urged Judge Wright to 
limit further inquiries. Mr. Bennett stated that Ms. Lewinsky 
had executed an affidavit ``saying that there is absolutely no 
sex of any kind of any manner, shape or form, with President 
Clinton.'' 1003 When Judge Wright cautioned Mr. 
Bennett not to make remarks that ``could be arguably coaching 
the witness,'' Mr. Bennett represented to Judge Wright: ``In 
preparation of the witness for this deposition, the witness is 
fully aware of Ms. Lewinsky's affidavit, so I have not told him 
a single thing he doesn't know * * *.'' 1004 
President Clinton, who was present when Mr. Bennett made his 
objection, did not contradict his attorney's comment. Rejecting 
Mr. Bennett's argument, Judge Wright permitted the questioning 
about Ms. Lewinsky to continue.1005
---------------------------------------------------------------------------
    \1003\ Clinton 1/17/98 Depo. at 54.
    \1004\ Clinton 1/17/98 Depo. at 54. In addition, as previously 
indicated, Mr. Jordan believes he informed President Clinton on January 
7 that Ms. Lewinsky had signed an affidavit denying that there had been 
a sexual relationship. Jordan 5/5/98 GJ at 223-25.
    \1005\ Clinton 1/17/98 Depo. at 53-56.
---------------------------------------------------------------------------
    Over the course of extensive questioning, the President 
testified that he had seen Ms. Lewinsky ``on two or three 
occasions'' during the government shutdown in the fall of 1995, 
including one occasion when she brought pizza to him, and one 
or two other occasions when she delivered documents to 
him.1006 He could not recall whether he had been 
alone with Ms. Lewinsky on such occasions, although he 
acknowledged that it was possible.1007 The President 
further testified that he could not remember the subject of any 
conversations with Ms. Lewinsky.1008
---------------------------------------------------------------------------
    \1006\ Clinton 1/17/98 Depo. at 50-51, 58-59.
    \1007\ Clinton 1/17/98 Depo. at 52-53, 59.
    \1008\ Clinton 1/17/98 Depo. at 59.
---------------------------------------------------------------------------
    President Clinton recalled that he received only a couple 
of unremarkable personal messages from Ms. Lewinsky, and he 
could not recall ever having received a cassette tape from 
her.1009 He received presents from her ``[o]nce or 
twice''--a book or two and a tie.1010 The President 
originally testified that he could not recall any gifts he 
might have given her; later in the deposition, however, he 
remembered that some merchandise he had purchased from a 
Martha's Vineyard restaurant might have reached her through Ms. 
Currie.1011 The President stated that he might have 
given Ms. Lewinsky a hat pin, though he could not recall for 
certain.1012
---------------------------------------------------------------------------
    \1009\ Clinton 1/17/98 Depo. at 62-64.
    \1010\ Clinton 1/17/98 Depo. at 75-77.
    \1011\ Clinton 1/17/98 Depo. at 75-76.
    \1012\ Clinton 1/17/98 Depo. at 75.
---------------------------------------------------------------------------
    The President testified that his last conversation with Ms. 
Lewinsky had been before Christmas, when she had visited the 
White House to see Ms. Currie. The President stated: ``I stuck 
my head out, said hello to her.'' 1013 He said it 
was also possible that, during that encounter, he had joked 
with Ms. Lewinsky that the plaintiff's attorneys were going to 
subpoena ``every woman I ever talked to'' and Ms. Lewinsky 
``would qualify.'' 1014
---------------------------------------------------------------------------
    \1013\ Clinton 1/17/98 Depo. at 68.
    \1014\ Clinton 1/17/98 Depo. at 68-71.
---------------------------------------------------------------------------
    The President testified that he was unaware that Mr. Jordan 
had talked with Ms. Lewinsky about the Jones case, in which she 
had also been subpoenaed to testify at a 
deposition.1015
---------------------------------------------------------------------------
    \1015\ Clinton 1/17/98 Depo. at 72, 79-83.
---------------------------------------------------------------------------
    The President emphatically denied having had sexual 
relations with Ms. Lewinsky.1016
---------------------------------------------------------------------------
    \1016\ Clinton 1/17/98 Depo. at 78.
---------------------------------------------------------------------------
    At the conclusion of the deposition, Judge Wright said: 
``Before [the President] leaves, I want to remind him, as the 
witness in this matter, and everyone else in the room, that 
this case is subject to a Protective Order regarding all 
discovery * * * and * * * all parties present, including * * * 
the witness are not to say anything whatsoever about the 
questions they were asked, the substance of the deposition * * 
* any details * * * and this is extremely important to this 
Court.'' 1017
---------------------------------------------------------------------------
    \1017\ Clinton 1/17/98 Depo. at 212-13.
---------------------------------------------------------------------------
    Sometime after the President's deposition, Mr. Podesta saw 
Bruce Lindsey, Deputy White House Counsel, at the White House 
and inquired how the deposition went. According to Mr. Podesta, 
Mr. Lindsey said that the President had been asked about Monica 
Lewinsky.1018 Mr. Lindsey testified that, during a 
break in the President's deposition, the President had told him 
that Ms. Lewinsky's name had come up.1019
---------------------------------------------------------------------------
    \1018\ Podesta 6/16/98 GJ at 62.
    \1019\ Lindsey 2/19/98 GJ at 12-13. Mr. Lindsey refused to reveal 
the content of these conversations with the President, citing the 
presidential communication, deliberative process, and attorney-client 
privileges, both officially and privately, as well as the attorney work 
product doctrine. Id. at 13.
---------------------------------------------------------------------------
    That same evening, Mr. Lindsey met with the President in 
the Oval Office, where they discussed the 
deposition.1020 Mr. Lindsey, relying on the 
attorney-client, presidential communication, deliberative 
process, and work-product privileges, declined to say what 
specifically was discussed at this meeting.
---------------------------------------------------------------------------
    \1020\ Lindsey 2/19/98 GJ at 14-15.
---------------------------------------------------------------------------

                 B. The President Meets with Ms. Currie

    Soon after the deposition, the President called Ms. Currie 
and asked her to come to the White House the next 
day.1021 Ms. Currie acknowledged that, ``It's rare 
for [the President] to ask me to come in on Sunday.'' 
1022 The President wanted to discuss Ms. Lewinsky's 
White House visits.1023
---------------------------------------------------------------------------
    \1021\ See Telephone Table 46, Call 4; Currie 1/27/98 GJ at 65-66; 
Currie 5/7/98 GJ at 79-85; Currie 7/22/98 GJ at 154. See also Currie 1/
24/98 Int. at 5-6 (``CURRIE advised that sometime late that evening, 
she received a telephone call from CLINTON. CURRIE advised that CLINTON 
said he and CURRIE needed to talk. CURRIE advised it was too late to do 
anything that evening, so she and CLINTON agreed to meet at the White 
House at 5 p.m. the following day, Sunday, January 18, 1998.''). 
Presidential call logs reflect that the President attempted to call Ms. 
Currie at 7:02 p.m. on January 17, 1998, and that he spoke to her for 
two minutes at 7:13 p.m. 1248-DC-00000307.
    \1022\ Currie 5/7/98 GJ at 91. Also that evening, the President 
called Mr. Jordan, who testified that they did not discuss the 
afternoon deposition. See Telephone Table 46, Call 2; Jordan 5/28/98 GJ 
at 94-95.
    \1023\ Currie 1/27/98 GJ at 70.
---------------------------------------------------------------------------
    At approximately 5:00 p.m. on Sunday, January 18, 1998, Ms. 
Currie met with the President.1024 The meeting took 
place at her desk outside the Oval Office. According to Ms. 
Currie, the President appeared ``concerned.'' 1025 
He told Ms. Currie that, during his deposition the previous 
day, he had been asked questions about Monica 
Lewinsky.1026 Ms. Currie testified: ``I think he 
said, `There are several things you may want to know.' '' 
1027 He proceeded to make a series of statements, 
1028 one right after the other: 1029
---------------------------------------------------------------------------
    \1024\ Currie 1/27/98 GJ at 67.
    \1025\ Currie 1/27/98 GJ at 76.
    \1026\ Currie 1/27/98 GJ at 70, 76; 7/22/98 GJ at 6, 22. 
Presidential call logs reflect that the President called Ms. Currie 
before their meeting and spoke to her from 1:11 p.m. to 1:14 p.m. on 
January 18. 1248-DC-00000313.
    \1027\ Currie 1/27/98 GJ at 70.
    \1028\ Currie 1/27/98 GJ at 73 (``[M]y impression was that he was 
just making statements.'').
    \1029\ Currie 1/24/98 Int. at 6-7. The President repeated these 
statements to Ms. Currie a few days later. See infra.
---------------------------------------------------------------------------
           ``You were always there when she was there, 
        right?''
           ``We were never really alone.''
           ``Monica [Lewinsky] came on to me, and I 
        never touched her, right?''
           ``You can see and hear everything, right?'' 
        1030
---------------------------------------------------------------------------
    \1030\ Currie 1/27/98 GJ at 71-74; 7/22/98 GJ at 6-7, 10-11, 79. 
See also Clinton 8/17/98 GJ at 55-57. According to Ms. Currie, the way 
the President phrased the inquiries made them sound like both questions 
and statements at the same time. Currie 1/24/98 Int. at 6.
---------------------------------------------------------------------------
Ms. Currie testified that, based on his demeanor and the way he 
made the statements, the President wanted her to agree with 
them.1031
---------------------------------------------------------------------------
    \1031\ Currie 1/27/98 GJ at 74-75. Ms. Currie's testimony that the 
President wanted her to agree with his statements shifted somewhat 
between her first grand jury appearance and her last, which occurred 
five months later. On January 27, 1998, nine days after her 
conversation with the President, Ms. Currie testified that she 
understood from the President's questions that he wanted her to agree 
with him. Currie 1/27/98 GJ at 72-76. By July 22, 1998, however, Ms. 
Currie claimed that although the President stated ``right?'' at the end 
of the statements, Ms. Currie understood that she could agree or 
disagree with them. Currie 7/22/98 GJ at 23. Ms. Currie indicated 
during her first grand jury appearance that her memory about the events 
was ``getting worse by the minute.'' Currie 1/27/98 GJ at 71. Later, 
Ms. Currie acknowledged that ``closer to the event my recollection 
would be better.'' Currie 7/22/98 GJ at 182-183.
---------------------------------------------------------------------------
    Ms. Currie testified that she did, in fact, agree with the 
President when he said, ``You were always there when she was 
there, right?'' 1032 Before the grand jury, however, 
Ms. Currie acknowledged the possibility that Ms. Lewinsky could 
have visited the President when she was not at the White 
House.1033
---------------------------------------------------------------------------
    \1032\ Currie 1/27/98 GJ at 71, 75.
    \1033\ Currie 7/22/98 GJ at 65-66. Indeed, she testified that, at 
some point after January 18, she heard that Ms. Lewinsky visited the 
Oval Office on Saturdays, one of her days off. Currie 7/22/98 GJ at 65-
66.
---------------------------------------------------------------------------
    With respect to whether the President was ``never really 
alone'' with Ms. Lewinsky, Ms. Currie testified that there were 
several occasions when the President and Ms. Lewinsky were 
either in the Oval Office or in the study without anyone else 
present.1034 Ms. Currie explained that she did not 
consider the President and Ms. Lewinsky to be ``alone'' on such 
occasions because she was at her desk outside the Oval Office; 
accordingly, they were all together in the same ``general 
area.'' 1035 Ms. Currie testified that ``the 
President, for all intents and purposes, is never alone. 
There's always somebody around him.'' 1036
---------------------------------------------------------------------------
    \1034\ Currie 1/27/98 GJ at 32-33; 36-38.
    \1035\ Currie 7/22/98 GJ at 12, 15-6; Currie 1/27/98 GJ at 76.
    \1036\ Currie 7/22/98 GJ at 14. The President, apparently, had a 
similar understanding of ``alone.'' Before the grand jury, the 
President explained that ``when I said, we were never alone, right * * 
* I meant that she [Ms. Currie] was always in the Oval Office complex, 
in that complex, while Monica was there.'' Clinton 8/17/98 GJ at 132.
    Elsewhere in her testimony, Ms. Currie appeared to have a different 
understanding of ``alone.'' She testified that, on one occasion, 
because others observed Ms. Lewinsky in the Oval Office complex, Ms. 
Currie accompanied Ms. Lewinsky into the Oval Office, where the 
President was working. Ms. Currie explained that she waited in the 
dining room while Ms. Lewinsky and the President met in the study so 
``[t]hey would not be alone.'' Currie 7/22/98 GJ at 130. See also 
Clinton 8/17/98 GJ at 56 (``I asked her specifically * * * to remain in 
the dining room, Betty, while I met with Monica in my study.''). Ms. 
Currie testified that she did not want people who had observed Ms. 
Lewinsky enter the Oval Office to think that she and the President were 
``alone.'' Currie 7/22/98 GJ at 132.
---------------------------------------------------------------------------
    As to whether Ms. Lewinsky ``came on'' to him, Ms. Currie 
testified that she ``would have no reason to know'' whether Ms. 
Lewinsky ever ``came on'' to the President because Ms. Currie 
was not present all the time.1037 Finally, as to 
whether she ``could see and hear everything,'' Ms. Currie 
testified that she should not have agreed with the 
President.1038 She testified that when the President 
and Ms. Lewinsky were alone together in the study, while Ms. 
Currie was at her desk, she could ``hear nothing.'' 
1039
---------------------------------------------------------------------------
    \1037\ Currie 7/22/98 GJ at 79. Ms. Currie testified: ``The way the 
question was phrased to me at the time, I answered, `Right.' It seemed 
to me that was the correct answer for me to give * * * the `[c]ome on 
to me,' I considered that more of a statement as opposed to a 
question.'' Id. at 80.
    \1038\ Currie 1/27/98 GJ at 75.
    \1039\ Currie 1/27/98 GJ at 83.
---------------------------------------------------------------------------
    The President also made the following statement during 
their January 18, 1998 meeting, according to Ms. Currie: 
``[Monica Lewinsky] wanted to have sex with me, but I told her 
I couldn't do that.'' 1040
---------------------------------------------------------------------------
    \1040\ Currie 1/27/98 GJ at 72-73; 7/22/98 GJ at 7, 10-11. Ms. 
Currie testified that the President made this statement in a way that 
did not invite her agreement. Rather, ``I would call it a statement, 
sir.'' Currie 1/27/98 GJ at 73.
---------------------------------------------------------------------------
    When the President was questioned about this meeting with 
Ms. Currie in the grand jury, he testified that he recalled the 
conversation, but he denied that he was ``trying to get Betty 
Currie to say something that was untruthful.'' 1041 
Rather, the President testified that he asked a ``series of 
questions'' in an effort to quickly ``refresh [his] memory.'' 
1042 The President explained: ``I wanted to 
establish * * * that Betty was there at all other times in the 
complex, and I wanted to know what Betty's memory was about 
what she heard, what she could hear. * * * [a]nd I was trying 
to figure [it] out * * * in a hurry because I knew something 
was up.'' 1043
---------------------------------------------------------------------------
    \1041\ Clinton 8/17/98 GJ at 57.
    \1042\ Clinton 8/17/98 GJ at 132.
    \1043\ Clinton 8/17/98 GJ at 55.
---------------------------------------------------------------------------
    In his grand jury testimony, the President acknowledged 
that, ``in fairness,'' Ms. Currie ``may have felt some 
ambivalence about how to react'' to his 
statements.1044 The President maintained that he was 
trying to establish that Ms. Currie was ``always there,'' and 
could see and hear everything.1045 At the same time, 
he acknowledged that he had always tried to prevent Ms. Currie 
from learning about his relationship with Ms. 
Lewinsky.1046 ``[I] did what people do when they do 
the wrong thing. I tried to do it where nobody else was looking 
at it.'' 1047
---------------------------------------------------------------------------
    \1044\ Clinton 8/17/98 GJ at 141.
    \1045\ Clinton 8/17/98 GJ at 55.
    \1046\ Clinton 8/17/98 GJ at 135-36 (``As far as I know, she is 
unaware of what happened on the, on the occasions when I saw her in 
1996 when something improper happened. And she was unaware of the one 
time that I recall in 1997 when something happened.'').
    \1047\ Clinton 8/17/98 GJ at 38.
---------------------------------------------------------------------------
    The President was also asked about his statement that Ms. 
Currie was always in the Oval Office when Ms. Lewinsky visited. 
He explained that he may have intended the term ``Oval Office'' 
to include the entire Oval Office complex.1048 The 
President further explained, ``I was talking about 1997. I was 
never, ever trying to get Betty Currie to claim that on the 
occasions when Monica Lewinsky was there when she wasn't 
anywhere around, that she was.'' 1049 When asked 
whether he restricted his remarks to the year 1997, the 
President responded, ``Well, I don't recall whether I did or 
not, but * * * I assumed [Ms. Currie] knew what I was talking 
about.'' 1050
---------------------------------------------------------------------------
    \1048\ Clinton 8/17/98 GJ at 57-58, 132.
    \1049\ Clinton 8/17/98 GJ at 133.
    \1050\ Clinton 8/17/98 GJ at 133.
---------------------------------------------------------------------------
    When questioned about his statement to Ms. Currie, ``you 
could see and hear everything,'' the President responded:

          My memory of that was that, that she had the ability 
        to hear what was going on if she came in the Oval 
        Office from her office. And a lot of times, you know, 
        when I was in the Oval Office, she just had the door 
        open to her office. Then there was--the door was never 
        completely closed to the hall. So, I think there was--
        I'm not entirely sure what I meant by that, but I could 
        have meant that she generally would be able to hear 
        conversations, even if she couldn't see them. And I 
        think that's what I meant.1051
---------------------------------------------------------------------------
    \1051\ Clinton 8/17/98 GJ at 135.

    Finally, when asked about his statement to Ms. Currie that 
``Monica came on to me and I never touched her,'' the President 
refused to answer.1052
---------------------------------------------------------------------------
    \1052\ Clinton 8/17/98 GJ at 139. The President referred to a 
statement he delivered in the beginning of his grand jury appearance: 
``[B]ecause of privacy considerations affecting my family, myself, and 
others, and in an effort to preserve the dignity of the office I hold, 
this is all I will say about the specifics of these particular 
matters.'' Clinton 8/17/98 GJ at 10.
---------------------------------------------------------------------------

            C. January 18-19: Attempts to Reach Ms. Lewinsky

    In the wake of her Sunday afternoon session, Ms. Currie 
paged Ms. Lewinsky four times.1053 She testified 
that the President ``may have asked me to call [Ms. Lewinsky] 
to see what she knew or where she was or what was happening.'' 
1054 Later that evening, at 11:02 p.m., the 
President called Ms. Currie to ask whether she had spoken to 
Ms. Lewinsky.1055
---------------------------------------------------------------------------
    \1053\ At 5:12 p.m., Ms. Currie paged Ms. Lewinsky, leaving the 
message: ``Please call Kay at home.'' At 6:22 p.m., Ms. Currie paged 
Ms. Lewinsky: ``Please call Kay at home.'' At 7:06 p.m., Ms. Currie 
paged Ms. Lewinsky: ``Please call Kay at home.'' At 8:28 p.m., Ms. 
Currie paged Ms. Lewinsky: ``Call Kay.'' 831-DC-00000008 (Ms. 
Lewinsky's pager records) (Ms. Lewinsky's pager recorded calls in 
Pacific time). See also Currie 5/7/98 GJ at 96-97; 7/22/98 GJ at 156, 
158.
    \1054\ Currie 5/7/98 GJ at 99-100.
    \1055\ Telephone Calls, Table 47, Call 11. See also Currie 7/22/98 
GJ at 161-62.
---------------------------------------------------------------------------
    Over a two-hour span the next morning, Monday, January 19, 
1998, Ms. Currie made eight unsuccessful attempts to contact 
Ms. Lewinsky, by either pager or telephone.1056 
After speaking with the President to let him know that she was 
unable to reach Ms. Lewinsky, Ms. Currie again paged 
her.1057 The purpose of these calls, according to 
Ms. Currie, was to tell Ms. Lewinsky that her name had been 
mentioned in the President's deposition.1058
---------------------------------------------------------------------------
    \1056\ See Telephone Calls, Table 48. At 7:02 a.m. she paged Ms. 
Lewinsky, leaving the message: ``Please call Kay at home at 8:00 this 
morning.'' At 8:08 a.m., Ms. Currie paged Ms. Lewinsky again. After 
calling Ms. Lewinsky's home number at 8:29 a.m., Ms. Currie paged Ms. 
Lewinsky again at 8:33 a.m. Four minutes later, Ms. Currie paged yet 
again, leaving the message: ``Please call Kay at home. It's a social 
call. Thank you.'' (Ms. Currie testified that these calls were, in 
fact, not of a social nature. Currie 7/22/98 GJ at 161). Receiving no 
response, Ms. Currie paged Ms. Lewinsky again at 8:41 a.m. She then 
placed a one-minute call to the President. Currie 5/7/98 GJ at 104-05; 
7/22/98 GJ at 160-62.
    \1057\ Currie 7/22/98 GJ at 162-63. This time, Ms. Currie left a 
more urgent message: ``Please call Kay re: family emergency.'' 831-DC-
00000009 (Ms. Lewinsky's pager records). See Telephone Calls, Table 48, 
Call 7.
    \1058\ Currie 7/22/98 GJ at 157-59; 164-66.
---------------------------------------------------------------------------
    Mr. Jordan also tried unsuccessfully to reach Ms. Lewinsky 
that morning.1059 That afternoon, Mr. Jordan met 
with the President in the Oval Office.1060 Later, 
Ms. Lewinsky's attorney, Frank Carter, called Mr. Jordan and 
told him that Ms. Lewinsky had obtained new counsel, William 
Ginsburg and Nathaniel Speights.1061 Mr. Jordan 
passed this information on to the President that evening in a 
seven-minute phone conversation.1062
---------------------------------------------------------------------------
    \1059\ Jordan 6/9/98 GJ at 17. See also Telephone Calls, Table 48 
(831-DC-00000009) (Ms. Lewinsky's pager records).
    \1060\ Jordan 6/9/98 GJ at 38-39.
    \1061\ Carter 6/18/98 GJ at 146.
    \1062\ Jordan 6/9/98 GJ at 54-55.
---------------------------------------------------------------------------

                D. January 20-22: Lewinsky Story Breaks

    After the publication of an article alleging a sexual 
relationship with Ms. Lewinsky, President Clinton conferred 
with his attorneys and issued a number of denials to his aides 
and to the American public.

1. ``Clinton Accused''

    On Wednesday, January 21, 1998, the Washington Post 
published a story entitled ``Clinton Accused of Urging Aide to 
Lie; Starr Probes Whether President Told Woman to Deny Alleged 
Affair to Jones's Lawyers.'' 1063 The White House 
learned the essentials of the Post story on the night of 
January 20, 1998. 1064
---------------------------------------------------------------------------
    \1063\  Schmidt, Baker, and Locy, ``Clinton Accused of Urging Aide 
To Lie,'' Wash. Post, Jan. 21, 1998, at A1.
    \1064\  Podesta 6/23/98 GJ at 12.
---------------------------------------------------------------------------
    President Clinton placed a number of phone calls that night 
and the following morning. 1065 From 12:08 a.m. to 
12:39 a.m., he spoke with his personal attorney, Robert 
Bennett. Mr. Bennett would be quoted in the Post article as 
saying, ``The President adamantly denies he ever had a 
relationship with Ms. Lewinsky and she has confirmed the truth 
of that.'' 1066 He added: ``This story seems 
ridiculous and I frankly smell a rat.'' 1067
---------------------------------------------------------------------------
    \1065\  See Telephone Calls, Table 50.
    \1066\  Mr. Bennett was apparently referring to Ms. Lewinsky's 
affidavit.
    \1067\  Clinton Accused at A1.
---------------------------------------------------------------------------
    Immediately after his call to Mr. Bennett, President 
Clinton called Deputy White House Counsel Bruce Lindsey; they 
spoke for about half an hour, until 1:10 a.m. 1068
---------------------------------------------------------------------------
    \1068\  Mr. Lindsey, on instructions from the President, see 
Lindsey 8/28/98 GJ at 23, has invoked the presidential communication 
privilege, the deliberative process privilege, the governmental 
attorney-client privilege, and President Clinton's personal attorney-
client privilege with regard to conversations with the President and 
has thus refused to disclose what the President said to him on January 
21. Lindsey 2/19/98 GJ at 42. Mr. Lindsey has testified, however, that 
based on the President's public statements and statements made to 
others in Lindsey's presence, the President misled him about the nature 
of his relationship with Ms. Lewinsky. Lindsey 8/28/98 GJ at 93-96, 
101.
---------------------------------------------------------------------------
    At 1:16 a.m., the President called Ms. Currie at home and 
spoke to her for 20 minutes. Ms. Currie testified that the 
President was concerned that her name was mentioned in the Post 
article. 1069 Soon after this call, the President 
called Mr. Lindsey. 1070
---------------------------------------------------------------------------
    \1069\  Currie 5/7/98 GJ at 112-14.
    \1070\  Lindsey 8/28/98 GJ at 90. Mr. Lindsey, citing privileges, 
refused to testify about the substance of this conversation.
---------------------------------------------------------------------------
    A few hours later, at approximately 6:30 a.m., the 
President called Mr. Jordan in New York City to tell him, 
according to Mr. Jordan, that the Post story was untrue. 
1071 From 7:14 a.m. to 7:22 a.m., the President 
spoke again with Mr. Lindsey. 1072
---------------------------------------------------------------------------
    \1071\  1034-DC-00000111 (Mr. Jordan's calendar). See also Jordan 
3/5/98 GJ at 79 (St. Regis Hotel), 160-61 (New York), 179 (the 
President's phone call); Jordan 6/9/98 GJ at 76.
    \1072\  See Telephone Calls, Table 50, Call 6. See also Lindsey 8/
28/98 GJ at 90. Mr. Lindsey asserted privileges over this conversation 
as well.
---------------------------------------------------------------------------
    Responding to the Post story that day, the White House 
issued a statement, personally approved by the President, 
declaring that he was ``outraged by these allegations'' and 
that ``he has never had an improper relationship with this 
woman.'' White House spokesperson Mike McCurry said that the 
statement ``was prepared by the Counsel's office, and I 
reviewed it with the President to make sure that it reflected 
what he wanted me to say * * * He looked at it, and he said 
fine. * * * It was prepared in consultation between the lawyers 
and the President. The Counsel's Office gave it to me. I wanted 
to, of course, verify that that's exactly what the President 
wanted me to say.'' 1073
---------------------------------------------------------------------------
    \1073\  White House Press Conference (Mike McCurry), Jan. 21, 1998.
---------------------------------------------------------------------------

2. Denials to Aides

    According to Mr. Lindsey, the remainder of the morning was 
spent in a series of meetings about the Lewinsky matter, 
including preparing the President for anticipated Lewinsky-
related questions in three previously scheduled media 
interviews. 1074 At these meetings, President 
Clinton denied the allegations to several of his top aides.
---------------------------------------------------------------------------
    \1074\  Lindsey 8/28/98 GJ at 11-12.
---------------------------------------------------------------------------
    The President met with Chief of Staff Erskine Bowles, along 
with his two deputies, John Podesta and Sylvia Matthews. 
According to Mr. Bowles, the President told them, ``I want you 
to know I did not have sexual relationships with this woman, 
Monica Lewinsky. I did not ask anybody to lie. And when the 
facts come out, you'll understand.'' 1075 The 
President made a similar denial that morning to Harold Ickes, 
his former Deputy Chief of Staff. 1076
    The President also discussed the matter with Ms. Currie for 
a second time. 1077 According to Ms. Currie, the 
President called her into the Oval Office and gave a ``sort of 
a recapitulation of what we had talked about on Sunday--you 
know, `I was never alone with her'--that sort of thing.'' 
1078 The President spoke with the same tone and 
demeanor that he used during his previous session with her. 
1079 Ms. Currie testified that the President may 
have mentioned that she might be asked about Ms. Lewinsky. 
1080
---------------------------------------------------------------------------
    \1075\  Bowles 4/2/98 GJ at 84. See also Podesta 6/16/98 GJ at 85-
86.
    \1076\  Ickes 6/10/98 GJ at 73.
    \1077\  Ms. Currie could not recall whether the President called 
her into the Oval Office to discuss Ms. Lewinsky on Tuesday, January 
20, or Wednesday, January 21. Currie 1/27/98 GJ at 80-81.
    \1078\  Currie 1/27/98 GJ at 80-81.
    \1079\  Currie 1/27/98 GJ at 81.
    \1080\  Currie 1/24/98 Int. at 8. The President did not 
specifically recall this second conversation with Ms. Currie, but did 
not dispute that it took place: ``I do not remember how many times I 
talked to Betty Currie or when. I don't. I can't possibly remember 
that. I do remember when I first heard about this story breaking, 
trying to ascertain what the facts were, trying to ascertain what 
Betty's perception was.'' Clinton 8/17/98 GJ at 141-42.
---------------------------------------------------------------------------
    Later that day, the President summoned Sidney Blumenthal to 
the Oval Office. They spoke for about 30 minutes. 
1081 The President said to Mr. Blumenthal, ``I 
haven't done anything wrong.'' 1082 Mr. Blumenthal 
testified that the President told him, ``Monica Lewinsky came 
on to me and made a sexual demand on me.'' The President said 
that he ``rebuffed her.'' 1083 The President also 
told Mr. Blumenthal that Ms. Lewinsky had ``threatened him. She 
said that she would tell people they'd had an affair, that she 
was known as the stalker among her peers, and that she hated it 
and if she had an affair or said she had an affair then she 
wouldn't be the stalker any more.'' 1084 Mr. 
Blumenthal then asked the President whether he and Ms. Lewinsky 
were alone when she threatened him. The President responded, 
``Well, I was within eyesight or earshot of someone.'' 
1085
---------------------------------------------------------------------------
    \1081\  Blumenthal 2/26/98 GJ at 19.
    \1082\  Blumenthal 6/4/98 GJ at 48-49. When later asked how he 
interpreted the President's statement, ``I haven't done anything 
wrong,'' Mr. Blumenthal stated, ``My understanding was that the 
accusations against him which appeared in the press that day were 
false, that he had not done anything wrong. . . . He had not had a 
sexual relationship with her, and had not sought to obstruct justice or 
suborn perjury.'' Blumenthal 6/25/98 GJ at 26.
    \1083\  Blumenthal 6/4/98 GJ at 49. The President said, ``I've gone 
down that road before, I've caused pain for a lot of people and I'm not 
going to do that again.'' Blumenthal 6/4/98 GJ at 49. Mr. Blumenthal 
``understood [this statement] to mean that he had had an adulterous 
relationship in the past, which is something he made very plain to the 
American people in his ``60 Minutes'' interview with the First Lady, 
which is how he introduced himself to the public . . . . And it's been 
very well known.'' Blumenthal 6/25/98 GJ at 32.
    \1084\  Blumenthal 6/4/98 GJ at 49.
    \1085\  Blumenthal 6/4/98 GJ at 50.
---------------------------------------------------------------------------
    According to Mr. Blumenthal, the President complained: ``I 
feel like a character in a novel. I feel like somebody who is 
surrounded by an oppressive force that is creating a lie about 
me and I can't get the truth out. I feel like the character in 
the novel Darkness at Noon.'' 1086
---------------------------------------------------------------------------
    \1086\  Blumenthal 6/4/98 GJ at 49-50; Blumenthal 6/25/98 GJ at 15, 
51.
---------------------------------------------------------------------------
    Soon thereafter, in the course of a meeting about the 
progress of the President's State of the Union address, the 
President made a second denial of the allegations to Mr. 
Podesta. 1087 Mr. Podesta testified:
---------------------------------------------------------------------------
    \1087\  Podesta 6/16/98 GJ at 92.

          [H]e said to me that he had never had sex with her, 
        and that--and that he never asked--you know, he 
        repeated the denial, but he was extremely explicit in 
        saying he never had sex with her * * * Well, I think he 
        said--he said that--there was some spate of, you know, 
        what sex acts were counted, and he said that he had 
        never had sex with her in any way whatsoever--that they 
        had not had oral sex. 1088
---------------------------------------------------------------------------
    \1088\  Podesta 6/16/98 GJ at 92. The President made another 
misleading statement about his relationship with Ms. Lewinsky to Mr. 
Podesta a few weeks later. According to Mr. Podesta, ``[h]e said to me 
that after she [Ms. Lewinsky] left [the White House], that when she had 
come by, she came by to see Betty, and that he--when she was there 
either Betty was with them--either that she was with Betty when he saw 
her or that he saw her in the Oval Office with the door open and Betty 
was around--and Betty was out at her desk.'' Podesta 6/16/98 GJ at 88.

    The President was asked during his grand jury appearance 
whether he recalled denying a sexual relationship with Ms. 
Lewinsky to his senior aides and advisors, including Mr. 
Bowles, Mr. Podesta, Mr. Blumenthal, Mr. Ickes, and Mr. Jordan. 
1089 The President did not recall specific details 
but did remember the following:
---------------------------------------------------------------------------
    \1089\  Clinton 8/17/98 GJ at 101-09.

          I met with certain people, and [to] a few of them I 
        said I didn't have sex with Monica Lewinsky, or I 
        didn't have an affair with her or something like that. 
        I had a very careful thing I said, and I tried not to 
        say anything else * * * I remember that I issued a 
        number of denials to people that I thought needed to 
        hear them, but I tried to be careful and to be 
        accurate.

           *       *       *       *       *       *       *

          And I believe, sir, that--you'll have to ask them 
        what they thought. But I was using those terms in the 
        normal way people use them. 1090
---------------------------------------------------------------------------
    \1090\  Clinton 8/17/98/ GJ at 101, 106. The President was asked 
specifically whether he denied telling Mr. Podesta that he did not have 
any kind of sex whatsoever, including oral sex, with Ms. Lewinsky. The 
President responded: ``I'm not saying that anybody who had a contrary 
memory is wrong. I do not remember.'' Clinton 8/17/98 GJ at 105.
---------------------------------------------------------------------------
    The President testified that he had said ``things that were 
true about this relationship. That I used--in the language I 
used, I said, there's nothing going on between us. That was 
true. 1091 I said I did not have sex with her as I 
defined it. That was true.'' 1092 The President 
qualified this answer, however: ``I said things that were true. 
They may have been misleading, and if they were I have to take 
responsibility for it, and I'm sorry.'' 1093
---------------------------------------------------------------------------
    \1091\  In claiming that this statement was true, the President was 
apparently relying on the same tense-based distinction he made during 
the Jones deposition. See Clinton 8/17/98 GJ at 59-61 (``It depends on 
what the meaning of the word `is' is. If the--if he--if `is' means is 
and never has been, that is not--that is one thing. If it means there 
is none, that was a completely true statement. * * * Now, if someone 
had asked me on that day, are you having any kind of sexual relations 
with Ms. Lewinsky, that is, asked me a question in the present tense, I 
would have said no. And it would have been completely true.'')
    \1092\  Clinton 8/17/98 GJ at 107.
    \1093\  Clinton 8/17/98 GJ at 107.
---------------------------------------------------------------------------

3. Initial Denials to the American Public

    On the afternoon of January 21, the President made his 
first of a series of previously scheduled media appearances. In 
an interview on National Public Radio's ``All Things 
Considered,'' the following colloquy took place:

          Q: Mr. President, * * * [m]any Americans woke up to 
        the news today that the Whitewater independent counsel 
        is investigating an allegation that you * * * 
        encouraged a young woman to lie to lawyers in the Paula 
        Jones civil suit. Is there any truth to that 
        allegation?
          WJC: No, sir, there's not. It's just not true.
          Q: Is there any truth to the allegation of an affair 
        between you and the young woman?
          WJC: No. That's not true either. * * * The charges 
        are not true. And I haven't asked anybody to lie. 
        1094
---------------------------------------------------------------------------
    \1094\  Broadcast on ``All Things Considered'' on National Public 
Radio, 5:07 p.m., Wednesday, January 21, 1998.

    That evening, the President appeared on the PBS program 
``The News Hour with Jim Lehrer.'' He was asked again whether 
the allegation of an affair with a White House intern was true. 
The President replied, ``That is not true. That is not true. I 
did not ask anyone to tell anything other than the truth. There 
is no improper relationship. And I intend to cooperate with 
this inquiry. But that is not true.'' When asked to define what 
he meant by the term ``improper relationship,'' the President 
answered, ``Well, I think you know what it means. It means that 
there is not a sexual relationship, an improper sexual 
relationship, or any other kind of improper relationship.'' 
1095
---------------------------------------------------------------------------
    \1095\  ``The News Hour with Jim Lehrer,'' PBS, interview with 
President Bill Clinton by Jim Lehrer, Wednesday, January 21, 1998. As 
evidenced by his grand jury testimony, the President is attentive to 
matters of verb tense. Clinton 8/17/98 GJ at 59.
---------------------------------------------------------------------------
    The following morning, on January 22, 1998, the President 
again denied he had done anything improper. Speaking at a 
televised White House photo opportunity with Palestinian 
Authority Chairman Yasser Arafat, the President stated: ``[T]he 
allegations are false, and I would never ask anybody to do 
anything other than tell the truth. That is false.'' 
1096
---------------------------------------------------------------------------
    \1096\  Televised Remarks by President Clinton at Photo Opportunity 
at the White House with Palestinian Authority Chairman Yasser Arafat, 
January 22, 1998, 10:22 a.m.
---------------------------------------------------------------------------
    The President also gave an interview to Roll Call that day. 
He stated: ``[T]he relationship was not improper, and I think 
that's important enough to say * * *. But let me answer--it is 
not an improper relationship and I know what the word means * * 
*. The relationship was not sexual. And I know what you mean, 
and the answer is no.'' 1097
---------------------------------------------------------------------------
    \1097\  Roll Call, Inc., January 22, 1998; transcript of press 
conference.
---------------------------------------------------------------------------
    At each of these interviews, the President pledged he would 
cooperate fully with the investigation. On NPR, the President 
stated: ``I have told people that I would cooperate in the 
investigation, and I expect to cooperate with it. I don't know 
any more about it, really, than you do. But I will cooperate * 
* *. I'm doing my best to cooperate with the investigation.'' 
1098 To Mr. Lehrer, he said: ``[W]e are doing the 
best to cooperate here, but we don't know much yet * * *. I 
think it's important that we cooperate, I will cooperate, but I 
want to focus on the work at hand.'' 1099
---------------------------------------------------------------------------
    \1098\  ``All Things Considered,'' January 21, 1998.
    \1099\  ``The News Hour,'' January 21, 1998.
---------------------------------------------------------------------------
    In his photo opportunity with Mr. Arafat, the President 
stated:
          [T]he American people have a right to get answers. We 
        are working very hard to comply, get all the requests 
        for information up here. And we will give you as many 
        answers as we can, as soon as we can, at the 
        appropriate time, consistent with our obligation to 
        also cooperate with the investigations. And that's not 
        a dodge; that's really what I've--I've talked with our 
        people. I want to do that. I'd like for you to have 
        more rather than less, sooner rather than later. So we 
        will work through it as quickly as we can and get all 
        those questions out there to you.'' 1100
---------------------------------------------------------------------------
    \1100\  Televised Remarks By President Clinton at Photo Opportunity 
at the White House with Palestinian Authority Chairman Yasser Arafat, 
January 22, 1998, 10:22 a.m.

    Finally, in his Roll Call interview, the President vowed: 
``I'm going to cooperate with this investigation * * *. And 
I'll cooperate.'' 1101
---------------------------------------------------------------------------
    \1101\  Roll Call, Inc., January 22, 1998. President Clinton was 
extended invitations to appear before the grand jury and give his 
testimony on: January 28, 1998; February 4, 1998; February 9, 1998; 
February 21, 1998; March 2, 1998; and March 13, 1998. He declined all 
of these invitations. On July 16, 1998, the grand jury issued the 
President a subpoena. The President promptly moved for a postponement 
of two weeks in which to respond. At a hearing on the President's 
motion, Chief Judge Norma Holloway Johnson stated, ``What we need to do 
is to move forward and move forward expeditiously * * *. [A]pparently 
the grand jury has determined that [they] need to hear from the 
[President].'' In re Grand Jury Proceedings, Misc. No. 98-267, July 28, 
1998, at pp. 27-28. Before Judge Johnson ruled, the President's 
attorneys negotiated the terms of the President's appearance.
---------------------------------------------------------------------------

4. ``We Just Have To Win''

    Amidst the flurry of press activity on January 21, 1998, 
the President's former political consultant, Dick Morris, read 
the Post story and called the President. 1102 
According to Mr. Morris, he told the President, ``You poor son 
of a bitch. I've just read what's going on.'' 1103 
The President responded, Mr. Morris recalled, ``Oh, God. This 
is just awful * * *. I didn't do what they said I did, but I 
did do something. I mean, with this girl, I didn't do what they 
said, but I did . . . do something 1104 * * * And I 
may have done enough so that I don't know if I can prove my 
innocence * * *. There may be gifts. I gave her gifts, * * * 
[a]nd there may be messages on her phone answering machine.'' 
1105
---------------------------------------------------------------------------
    \1102\  Morris 8/18/98 GJ at 6, 10, 12. Mr. Morris was questioned 
after the President's grand jury appearance on August 17, 1998; 
accordingly, the OIC never had an opportunity to question the President 
about this conversation.
    \1103\  Morris 8/18/98 GJ at 14.
    \1104\  Mr. Morris testified that he interpreted the ``something'' 
to be sexual in nature. Morris 8/18/98 GJ at 94.
    \1105\  Morris 8/18/98 GJ at 14.
---------------------------------------------------------------------------
    Mr. Morris assured the President, ``[t]here's a great 
capacity for forgiveness in this country and you should 
consider tapping into it.'' 1106 The President said, 
``But what about the legal thing? You know, the legal thing? 
You know, Starr and perjury and all * * *. You know, ever since 
the election, I've tried to shut myself down. I've tried to 
shut my body down, sexually, I mean * * *. But sometimes I 
slipped up and with this girl I just slipped up.'' 
1107
---------------------------------------------------------------------------
    \1106\  Morris 8/18/98 GJ at 15.
    \1107\  Morris 8/18/98 GJ at 15-16.
---------------------------------------------------------------------------
    Mr. Morris suggested that he take a poll on the voters' 
willingness to forgive confessed adultery. The President 
agreed. 1108
---------------------------------------------------------------------------
    \1108\  Morris 8/18/98 GJ at 17.
---------------------------------------------------------------------------
    Mr. Morris telephoned the President later that evening with 
the poll results, which showed that the voters were ``willing 
to forgive [the President] for adultery, but not for perjury or 
obstruction of justice[.]'' 1109 When Mr. Morris 
explained that the poll results suggested that the President 
should not go public with a confession or explanation, he 
replied, ``Well, we just have to win, then.'' 1110
---------------------------------------------------------------------------
    \1109\ Morris 8/18/98 GJ at 28.
    \1110\ Morris 8/18/98 GJ at 30.
---------------------------------------------------------------------------
    The President had a follow-up conversation with Mr. Morris 
during the evening of January 22, 1998, when Mr. Morris was 
considering holding a press conference to ``blast Monica 
Lewinsky `out of the water.' '' 1111 The President 
told Mr. Morris to ``be careful.'' According to Mr. Morris, the 
President warned him not to ``be too hard on [Ms. Lewinsky] 
because there's some slight chance that she may not be 
cooperating with Starr and we don't want to alienate her by 
anything we're going to put out.'' 1112
---------------------------------------------------------------------------
    \1111\ Morris 8/18/98 GJ at 34. Mr. Morris believed that Ms. 
Lewinsky's credibility was in question based on a claim by a USA Today 
reporter that there was an occasion when the President and Mr. Morris 
spoke on the telephone while they each were involved in a sexual 
encounter. The President was reportedly ``having sex'' with Ms. 
Lewinsky while Mr. Morris was allegedly involved with a prostitute at 
the Jefferson Hotel. Morris 8/18/98 GJ at 32, 34.
    \1112\ Morris 8/18/98 GJ at 35.
---------------------------------------------------------------------------
    Meanwhile, in California, the President's good friend and 
Hollywood producer, Harry Thomason, had seen the President's 
interview with Jim Lehrer on televison. 1113 Mr. 
Thomason, who had occasionally advised the President on matters 
relating to the media, traveled to Washington, D.C., and met 
with him the next day. 1114 Mr. Thomason told the 
President that ``the press seemed to be saying that [the 
President's comments were] weak'' and that he, Mr. Thomason, 
``thought his response wasn't as strong as it could have 
been.'' 1115 Mr. Thomason recommended that the 
President ``should explain it so there's no doubt in anybody's 
mind that nothing happened.'' 1116 The President 
agreed: ``You know, you're right. I should be more forceful 
than that.'' 1117
---------------------------------------------------------------------------
    \1113\ Thomason 8/11/98 GJ at 6.
    \1114\ Although Mr. Thomason originally offered to stay with the 
President for a ``couple of days,'' he stayed at the White House 
Residence for 34 days. Thomason 8/11/98 GJ at 6, 10. Mr. Thomason 
testified that while ``not particularly an expert in media matters * * 
* my wife and I seem to have a feel of what the rest of America is 
thinking * * * .'' Thomason 8/11/98 GJ at 24.
    \1115\ Thomason 8/11/98 GJ at 15-16. Mr. Thomason said he ``went on 
the assumption that [the allegations] were not true,'' but he never 
asked the President because he talked to his attorney, Robert Bennett 
(also the President's personal attorney), who advised him ``to make 
sure you don't ask questions that will get you subpoenaed.'' Id. at 22, 
27. Mr. Thomason also testified he did not ask the President whether 
the denial was true because ``I wanted it to be true and I felt it not 
to be true.'' Id. at 32-33.
    \1116\ Thomason 8/11/98 GJ at 15.
    \1117\ Thomason 8/11/98 GJ at 27.
---------------------------------------------------------------------------
    In the ensuing days, the President, through his Cabinet, 
issued a number of firm denials. On January 23, 1998, the 
President started a Cabinet meeting by saying the allegations 
were untrue. 1118 Afterward, several Cabinet members 
appeared outside the White House. Madeline Albright, Secretary 
of State, said: ``I believe that the allegations are completely 
untrue.'' The others agreed. ``I'll second that, definitely,'' 
Commerce Secretary William Daley said. Secretary of Education 
Richard Riley and Secretary of Health and Human Services Donna 
Shalala concurred. 1119
---------------------------------------------------------------------------
    \1118\ Schmidt and Baker, ``Ex-Intern Rejected Immunity Offer in 
Probe,'' Wash. Post, Jan. 24, 1998, at A1.
    \1119\ Schmidt and Baker, ``Ex-Intern Rejected Immunity Offer,'' at 
A1.
---------------------------------------------------------------------------
    The next day, Ann Lewis, White House Communications 
Director, publicly announced that ``those of us who have wanted 
to go out and speak on behalf of the president'' had been given 
the green light by the President's legal team. 1120 
She reported that the President answered the allegations 
``directly'' by denying any improper relationship. She believed 
that, in issuing his public denials, the President was not 
``splitting hairs, defining what is a sexual relationship, 
talking about `is' rather than was. 1121 You know, I 
always thought, perhaps I was naive, since I've come to 
Washington, when you said a sexual relationship, everybody knew 
what that meant.'' Ms. Lewis expressly said that the term 
includes ``oral sex.'' 1122
---------------------------------------------------------------------------
    \1120\ Larry King Weekend, Jan. 24, 1998, Transcript No. 
98012400V42.
    \1121\ In fact, the President did draw a distinction between ``is'' 
and ``was.'' See Clinton 8/17/98 GJ at 59.
    \1122\ Larry King Weekend, Jan. 24, 1998, Transcript No. 
98012400V42.
---------------------------------------------------------------------------
    On Monday, January 26, 1998, in remarks in the Roosevelt 
Room in the White House, President Clinton gave his last public 
statement for several months on the Lewinsky matter. At an 
event promoting after-school health care, the President denied 
the allegations in the strongest terms: ``I want to say one 
thing to the American people. I want you to listen to me. I'm 
going to say this again: I did not have sexual relations with 
that woman, Miss Lewinsky. I never told anybody to lie, not a 
single time. Never. These allegations are false.'' 
1123
---------------------------------------------------------------------------
    \1123\ Televised Remarks by President Clinton at the White House 
Education News Conference, Monday, January 26, 1998, 10:00 a.m. See 
Chi. Tribune, Jan. 27, 1998, at 1 (``A defiant President Clinton wagged 
his finger at the cameras and thumped the lectern Monday as he insisted 
he did not have sex with a young White House intern or ask her to deny 
it under oath.'').

 There Is Substantial and Credible Information That President Clinton 
     Committed Acts That May Constitute Grounds for an Impeachment

                              Introduction

    Pursuant to Section 595(c) of Title 28, the Office of 
Independent Counsel (OIC) hereby submits substantial and 
credible information that President Clinton obstructed justice 
during the Jones v. Clinton sexual harassment lawsuit by lying 
under oath and concealing evidence of his relationship with a 
young White House intern and federal employee, Monica Lewinsky. 
After a federal criminal investigation of the President's 
actions began in January 1998, the President lied under oath to 
the grand jury and obstructed justice during the grand jury 
investigation. There also is substantial and credible 
information that the President's actions with respect to Monica 
Lewinsky constitute an abuse of authority inconsistent with the 
President's constitutional duty to faithfully execute the laws.
    There is substantial and credible information supporting 
the following eleven possible grounds for impeachment:
    1. President Clinton lied under oath in his civil case when 
he denied a sexual affair, a sexual relationship, or sexual 
relations with Monica Lewinsky.
    2. President Clinton lied under oath to the grand jury 
about his sexual relationship with Ms. Lewinsky.
    3. In his civil deposition, to support his false statement 
about the sexual relationship, President Clinton also lied 
under oath about being alone with Ms. Lewinsky and about the 
many gifts exchanged between Ms. Lewinsky and him.
    4. President Clinton lied under oath in his civil 
deposition about his discussions with Ms. Lewinsky concerning 
her involvement in the Jones case.
    5. During the Jones case, the President obstructed justice 
and had an understanding with Ms. Lewinsky to jointly conceal 
the truth about their relationship by concealing gifts 
subpoenaed by Ms. Jones's attorneys.
    6. During the Jones case, the President obstructed justice 
and had an understanding with Ms. Lewinsky to jointly conceal 
the truth of their relationship from the judicial process by a 
scheme that included the following means: (i) Both the 
President and Ms. Lewinsky understood that they would lie under 
oath in the Jones case about their sexual relationship; (ii) 
the President suggested to Ms. Lewinsky that she prepare an 
affidavit that, for the President's purposes, would memorialize 
her testimony under oath and could be used to prevent 
questioning of both of them about their relationship; (iii) Ms. 
Lewinsky signed and filed the false affidavit; (iv) the 
President used Ms. Lewinsky's false affidavit at his deposition 
in an attempt to head off questions about Ms. Lewinsky; and (v) 
when that failed, the President lied under oath at his civil 
deposition about the relationship with Ms. Lewinsky.
    7. President Clinton endeavored to obstruct justice by 
helping Ms. Lewinsky obtain a job in New York at a time when 
she would have been a witness harmful to him were she to tell 
the truth in the Jones case.
    8. President Clinton lied under oath in his civil 
deposition about his discussions with Vernon Jordan concerning 
Ms. Lewinsky's involvement in the Jones case.
    9. The President improperly tampered with a potential 
witness by attempting to corruptly influence the testimony of 
his personal secretary, Betty Currie, in the days after his 
civil deposition.
    10. President Clinton endeavored to obstruct justice during 
the grand jury investigation by refusing to testify for seven 
months and lying to senior White House aides with knowledge 
that they would relay the President's false statements to the 
grand jury--and did thereby deceive, obstruct, and impede the 
grand jury.
    11. President Clinton abused his constitutional authority 
by (i) lying to the public and the Congress in January 1998 
about his relationship with Ms. Lewinsky; (ii) promising at 
that time to cooperate fully with the grand jury investigation; 
(iii) later refusing six invitations to testify voluntarily to 
the grand jury; (iv) invoking Executive Privilege; (v) lying to 
the grand jury in August 1998; and (vi) lying again to the 
public and Congress on August 17, 1998--all as part of an 
effort to hinder, impede, and deflect possible inquiry by the 
Congress of the United States.
    The first two possible grounds for impeachment concern the 
President's lying under oath about the nature of his 
relationship with Ms. Lewinsky. The details associated with 
those grounds are, by their nature, explicit. The President's 
testimony unfortunately has rendered the details essential with 
respect to those two grounds, as will be explained in those 
grounds.


I. There is substantial and credible information that President Clinton 
lied under oath as a defendant in Jones v. Clinton regarding his sexual 
                   relationship with Monica Lewinsky.

          (1) He denied that he had a ``sexual relationship'' 
        with Monica Lewinsky.
          (2) He denied that he had a ``sexual affair'' with 
        Monica Lewinsky.
          (3) He denied that he had ``sexual relations'' with 
        Monica Lewinsky.
          (4) He denied that he engaged in or caused contact 
        with the genitalia of ``any person'' with an intent to 
        arouse or gratify (oral sex performed on him by Ms. 
        Lewinsky).
          (5) He denied that he made contact with Monica 
        Lewinsky's breasts or genitalia with an intent to 
        arouse or gratify.
    On May 6, 1994, former Arkansas state employee Paula Corbin 
Jones filed a federal civil rights lawsuit against President 
Clinton claiming that he had sexually harassed her on May 8, 
1991, by requesting her to perform oral sex on him in a suite 
at the Excelsior Hotel in Little Rock. Throughout the pretrial 
discovery process in Jones v. Clinton, United States District 
Judge Susan Webber Wright ruled, over the President's 
objections, that Ms. Jones's lawyers could seek various 
categories of information, including information about women 
who had worked as government employees under Governor or 
President Clinton and allegedly had sexual activity with him. 
Judge Wright's rulings followed the prevailing law in sexual 
harassment cases: The defendant's sexual relationships with 
others in the workplace, including consensual relationships, 
are a standard subject of inquiry during the discovery process. 
Judge Wright recognized the commonplace nature of her discovery 
rulings and stated that she was following a ``meticulous 
standard of materiality'' in allowing such questioning.
    At a hearing on January 12, 1998, Judge Wright required Ms. 
Jones to list potential trial witnesses. Ms. Jones's list 
included several ``Jane Does.'' 1 Ms. Jones's 
attorneys said they intended to call a Jane Doe named Monica 
Lewinsky as a witness to support Ms. Jones's claims. Under Ms. 
Jones's legal theory, women who had sexual relationships with 
the President received job benefits because of the sexual 
relationship, but women who resisted the President's sexual 
advances were denied such benefits.2
---------------------------------------------------------------------------
    \1\ The pseudonym Jane Doe was used during discovery to refer to 
certain women whose identities were protected from the public.
    \2\ For a discussion of the procedural background to the Jones 
case, see Appendix, Tab C.
---------------------------------------------------------------------------
    On January 17, 1998, Ms. Jones's lawyers deposed President 
Clinton under oath with Judge Wright present and presiding over 
the deposition. Federal law requires a witness testifying under 
oath to provide truthful answers. The intentional failure to 
provide truthful answers is a crime punishable by imprisonment 
and fine.3 At the outset of his deposition, the 
President took an oath administered by Judge Wright: ``Do you 
swear or affirm * * * that the testimony you are about to give 
in the matter before the court is the truth, the whole truth, 
and nothing but the truth, so help you God?'' The President 
replied: ``I do.'' 4 At the beginning of their 
questioning, Ms. Jones's attorneys asked the President: ``And 
your testimony is subject to the penalty of perjury; do you 
understand that, sir?'' The President responded, ``I do.'' 
5
---------------------------------------------------------------------------
    \3\ Sections 1621 and 1623 of Title 18 (perjury) carry a penalty of 
imprisonment of not more than five years for knowingly making a false, 
material statement under oath, including in any ancillary court 
proceeding. An ``ancillary proceeding'' includes a deposition in a 
civil case. United States v. McAfee, 8 F.3d 1010, 1013 (5th Cir. 1993); 
United States v. Scott, 682 F.2d 695, 698 (8th Cir. 1982). The perjury 
statutes apply to statements made during civil proceedings. As one 
United States Court of Appeals recently stated, ``we categorically 
reject any suggestion, implicit or otherwise, that perjury is somehow 
less serious when made in a civil proceeding. Perjury, regardless of 
the setting, is a serious offense that results in incalculable harm to 
the functioning and integrity of the legal system as well as to private 
individuals.'' United States v. Holland, 22 F.3d 1040, 1047 (11th Cir. 
1994); see also United States v. Wilkinson, 137 F.3d 214, 225 (4th Cir. 
1998).
    \4\ Clinton 1/17/98 Depo.; see also Clinton 1/17/98 Depo. at 18.
    \5\ Clinton 1/17/98 Depo. at 19.
---------------------------------------------------------------------------
    Based on the witness list received in December 1997 (which 
included Ms. Lewinsky) and the January 12, 1998, hearing, the 
President and his attorneys were aware that Ms. Jones's 
attorneys likely would question the President at his deposition 
about Ms. Lewinsky and the other ``Jane Does.'' In fact, the 
attorneys for Ms. Jones did ask numerous questions about ``Jane 
Does,'' including Ms. Lewinsky.
    There is substantial and credible information that 
President Clinton lied under oath in answering those questions.

  a. evidence that president clinton lied under oath during the civil 
                                  case

1. President Clinton's Statements Under Oath About Monica Lewinsky
    During pretrial discovery, Paula Jones's attorneys served 
the President with written interrogatories.6 One 
stated in relevant part:
---------------------------------------------------------------------------
    \6\ Written interrogatories are a common discovery device in 
federal civil cases by which a party serves written questions on the 
opposing party. The rules require that they be answered under oath and 
therefore under penalty of perjury. See Fed. R. Civ. P. 33.

          Please state the name, address, and telephone number 
        of each and every [federal employee] with whom you had 
        sexual relations when you [were] * * * President of the 
        United States.7
---------------------------------------------------------------------------
    \7\ V002-DC-00000016-32 (Plaintiff's Second Set of Interrogatories, 
see Interrogatory no. 10). The interrogatory in the text reflects Judge 
Wright's order, dated December 11, 1997, limiting the scope of the 
question to cover only women who were state or federal employees at the 
relevant times.

The interrogatory did not define the term ``sexual relations.'' 
Judge Wright ordered the President to answer the interrogatory, 
and on December 23, 1997, under penalty of perjury, President 
Clinton answered ``None.'' 8
---------------------------------------------------------------------------
    \8\ V002-DC-00000052-55 (President Clinton's Supplemental Responses 
to Plaintiff's Second Set of Interrogatories, see Response to 
Interrogatory no. 10).
---------------------------------------------------------------------------
    At the January 17, 1998, deposition of the President, Ms. 
Jones's attorneys asked the President specific questions about 
possible sexual activity with Monica Lewinsky. The attorneys 
used various terms in their questions, including ``sexual 
affair,'' ``sexual relationship,'' and ``sexual relations.'' 
The terms ``sexual affair'' and ``sexual relationship'' were 
not specially defined by Ms. Jones's attorneys. The term 
``sexual relations'' was defined:
          For the purposes of this deposition, a person engages 
        in ``sexual relations'' when the person knowingly 
        engages in or causes * * * contact with the genitalia, 
        anus, groin, breast, inner thigh, or buttocks of any 
        person with an intent to arouse or gratify the sexual 
        desire of any person. * * * ``Contact'' means 
        intentional touching, either directly or through 
        clothing.9
---------------------------------------------------------------------------
    \9\ Clinton 1/17/98 Depo., Exh. 1.
---------------------------------------------------------------------------
    President Clinton answered a series of questions about Ms. 
Lewinsky, including:
          Q: Did you have an extramarital sexual affair with 
        Monica Lewinsky?
          WJC: No.
          Q: If she told someone that she had a sexual affair 
        with you beginning in November of 1995, would that be a 
        lie?
          WJC: It's certainly not the truth. It would not be 
        the truth.
          Q: I think I used the term ``sexual affair.'' And so 
        the record is completely clear, have you ever had 
        sexual relations with Monica Lewinsky, as that term is 
        defined in Deposition Exhibit 1, as modified by the 
        Court?
    Mr. Bennett: 10
---------------------------------------------------------------------------
    \10\ Robert S. Bennett, counsel for President Clinton.
---------------------------------------------------------------------------
          I object because I don't know that he can remember--
    Judge Wright:
          Well, it's real short. He can--I will permit the 
        question and you may show the witness definition number 
        one.
          WJC: I have never had sexual relations with Monica 
        Lewinsky. I've never had an affair with 
        her.11
---------------------------------------------------------------------------
    \11\ Clinton 1/17/98 Depo. at 78 (emphasis added).
---------------------------------------------------------------------------
    President Clinton reiterated his denial under questioning 
by his own attorney:
          Q: In paragraph eight of [Ms. Lewinsky's] affidavit, 
        she says this, ``I have never had a sexual relationship 
        with the President, he did not propose that we have a 
        sexual relationship, he did not offer me employment or 
        other benefits in exchange for a sexual relationship, 
        he did not deny me employment or other benefits for 
        rejecting a sexual relationship.'' Is that a true and 
        accurate statement as far as you know it?
          WJC: That is absolutely true.12
---------------------------------------------------------------------------
    \12\ Id. at 204 (emphasis added). The full text of Ms. Lewinsky's 
affidavit is set forth in the Doc. Supp. B, Tab 7.
---------------------------------------------------------------------------

2. Monica Lewinsky's Testimony

    Monica Lewinsky testified under oath before the grand jury 
that, beginning in November 1995, when she was a 22-year-old 
White House intern, she had a lengthy relationship with the 
President that included substantial sexual activity. She 
testified in detail about the times, dates, and nature of ten 
sexual encounters that involved some form of genital contact. 
As explained in the Narrative section of this Referral, White 
House records corroborate Ms. Lewinsky's testimony in that the 
President was in the Oval Office area during the encounters. 
The records of White House entry and exit are incomplete for 
employees, but they do show her presence in the White House on 
eight of those occasions.13
---------------------------------------------------------------------------
    \13\ White House records reflecting entry and exit are incomplete. 
For Ms. Lewinsky, there are no records for January 7, 1996, and January 
21, 1996.
---------------------------------------------------------------------------
    The ten incidents are recounted here because they are 
necessary to assess whether the President lied under oath, both 
in his civil deposition, where he denied any sexual 
relationship at all, and in his grand jury testimony, where he 
acknowledged an ``inappropriate intimate contact'' but denied 
any sexual contact with Ms. Lewinsky's breasts or genitalia. 
When reading the following descriptions, the President's 
denials under oath should be kept in mind.
    Unfortunately, the nature of the President's denials 
requires that the contrary evidence be set forth in detail. If 
the President, in his grand jury appearance, had admitted the 
sexual activity recounted by Ms. Lewinsky and conceded that he 
had lied under oath in his civil deposition, these particular 
descriptions would be superfluous. Indeed, we refrained from 
questioning Ms. Lewinsky under oath about particular details 
until after the President's August 17 testimony made that 
questioning necessary. But in view of (i) the President's 
denials, (ii) his continued contention that his civil 
deposition testimony was legally accurate under the terms and 
definitions employed, and (iii) his refusal to answer related 
questions, the detail is critical. The detail provides 
credibility and corroboration to Ms. Lewinsky's testimony. It 
also demonstrates with clarity that the President lied under 
oath both in his civil deposition and to the federal grand 
jury.14 There is substantial and credible 
information that the President's lies about his relationship 
with Ms. Lewinsky were abundant and calculating.
---------------------------------------------------------------------------
    \14\ The President's false statements to the grand jury are 
discussed in Ground II.
---------------------------------------------------------------------------
            (i) Wednesday, November 15, 1995
    Ms. Lewinsky testified that she had her first sexual 
contact with the President on the evening of Wednesday, 
November 15, 1995, while she was an intern at the White House. 
Two times that evening, the President invited Ms. Lewinsky to 
meet him near the Oval Office.15 On the first 
occasion, the President took Ms. Lewinsky back into the Oval 
Office study, and they kissed.16 On the second, she 
performed oral sex on the President in the hallway outside the 
Oval Office study.17 During this encounter, the 
President directly touched and kissed Ms. Lewinsky's bare 
breasts.18 In addition, the President put his hand 
down Ms. Lewinsky's pants and directly stimulated her genitalia 
(acts clearly within the definition of ``sexual relations'' 
used at the Jones deposition).19
---------------------------------------------------------------------------
    \15\ Lewinsky 8/26/98 Depo. at 6-7.
    \16\ Id. at 7.
    \17\ Id. at 8. Ms. Lewinsky stated that the hallway outside the 
Oval Office study was more suitable for their encounters than the Oval 
Office because the hallway had no windows. Lewinsky 8/6/98 GJ at 34-35.
    \18\ Lewinsky 8/26/98 Depo. at 8.
    \19\ Id. at 8, 21. Ms. Lewinsky testified that she had an orgasm. 
Id. at 8.
---------------------------------------------------------------------------
            (ii) Friday, November 17, 1995
    Ms. Lewinsky testified that she met with the President 
again two days later, on Friday, November 17, 
1995.20 During that encounter, Ms. Lewinsky stated, 
she performed oral sex on the President in the private bathroom 
outside the Oval Office study.21 The President 
initiated the oral sex by unzipping his pants and exposing his 
genitals. Ms. Lewinsky understood the President's actions to be 
a sign that he wanted her to perform oral sex on 
him.22 During this encounter, the President also 
fondled Ms. Lewinsky's bare breasts with his hands and kissed 
her breasts.23
---------------------------------------------------------------------------
    \20\ Id. at 11-12.
    \21\ Id. at 12-13.
    \22\ Id. at 14.
    \23\ Id. at 12-13.
---------------------------------------------------------------------------
            (iii) Sunday, December 31, 1995
    Ms. Lewinsky testified that she met with the President on 
New Year's Eve, Sunday, December 31, 1995, after the President 
invited her to the Oval Office.24 Once there, the 
President lifted Ms. Lewinsky's sweater, fondled her bare 
breasts with his hands, and kissed her breasts. She stated that 
she performed oral sex on the President in the hallway outside 
the Oval Office study.25
---------------------------------------------------------------------------
    \24\ Id. at 15-16.
    \25\ Id. at 17. After the sexual encounter, she saw the President 
masturbate in the bathroom near the sink. Id. at 18.
---------------------------------------------------------------------------
            (iv) Sunday, January 7, 1996
    Monica Lewinsky testified that she performed oral sex on 
the President in the bathroom outside the Oval Office study 
during the late afternoon on Sunday, January 7, 
1996.26 The President arranged this encounter by 
calling Ms. Lewinsky at home and inviting her to 
visit.27 On that occasion, the President and Ms. 
Lewinsky went into the bathroom, where he fondled her bare 
breasts with his hands and mouth. During this encounter, the 
President stated that he wanted to perform oral sex on Ms. 
Lewinsky, but she stopped him for a physical 
reason.28
---------------------------------------------------------------------------
    \26\ Id. at 18.
    \27\ Id. at 18.
    \28\ Id. at 19. They engaged in oral-anal contact as well. See 
Lewinsky 8/26/98 Depo. at 18-20.
---------------------------------------------------------------------------
            (v) Sunday, January 21, 1996
    Ms. Lewinsky testified that she and the President had a 
sexual encounter on the afternoon of Sunday, January 21, 1996, 
after he invited her to the Oval Office.29 The 
President lifted Ms. Lewinsky's top and fondled her bare 
breasts.30 The President unzipped his pants and 
exposed his genitals, and she performed oral sex on him in the 
hallway outside the Oval Office study.31
---------------------------------------------------------------------------
    \29\ Id. at 21-22. This was shortly after their first phone sex 
encounter, which occurred on January 16, 1996. Id. at 22; Lewinsky 7/
30/98 Int. at 9. Phone sex occurs when one or both parties masturbate 
while one or both parties talk in a sexually explicit manner on the 
telephone.
    \30\ Lewinsky 8/26/98 Depo. at 25.
    \31\ Id. at 26. As Ms. Lewinsky departed, she observed the 
President ``manually stimulating'' himself in Ms. Hernreich's office. 
Id. at 27.
---------------------------------------------------------------------------
            (vi) Sunday, February 4, 1996
    Ms. Lewinsky testified that she and the President had 
sexual contact in the Oval Office study and in the adjacent 
hallway on the afternoon of Sunday, February 4, 1996. 
32 That day, the President had called Ms. Lewinsky. 
33 During their encounter, the President partially 
removed Ms. Lewinsky's dress and bra and touched her bare 
breasts with his mouth and hands. He also directly touched her 
genitalia. 34 Ms. Lewinsky performed oral sex on the 
President. 35
---------------------------------------------------------------------------
    \32\  Id. at 28-32.
    \33\  Id. at 28.
    \34\  Id. at 30-31. Ms. Lewinsky testified that she had an orgasm. 
Id.
    \35\  Id. at 30-32. They engaged in oral-anal contact as well. See 
Lewinsky 8/26/98 Depo. at 29-33.
---------------------------------------------------------------------------
            (vii) Sunday, March 31, 1996
    Ms. Lewinsky testified that she and the President had 
sexual contact in the hallway outside the Oval Office study 
during the late afternoon of Sunday, March 31, 1996. 
36 The President arranged this encounter by calling 
Ms. Lewinsky and inviting her to the Oval Office. During this 
encounter, Ms. Lewinsky did not perform oral sex on the 
President. The President fondled Ms. Lewinsky's bare breasts 
with his hands and mouth and fondled her genitalia directly by 
pulling her underwear out of the way. In addition, the 
President inserted a cigar into Ms. Lewinsky's vagina. 
37
---------------------------------------------------------------------------
    \36\  Id. at 34-38.
    \37\  Id. at 37-38. The President then put the cigar in his mouth 
and said to Ms. Lewinsky: ``it tastes good.'' Lewinsky 7/30/98 Int. at 
12-13; see also Lewinsky Depo. at 38.
---------------------------------------------------------------------------
            (viii) Sunday, April 7, 1996
    Ms. Lewinsky testified that she and the President had 
sexual contact on Easter Sunday, April 7, 1996, in the hallway 
outside the Oval Office study and in the study itself. 
38 On that occasion, the President touched Ms. 
Lewinsky's breasts, both through her clothing and directly. 
After the President unzipped his pants, Ms. Lewinsky also 
performed oral sex on him. 39
---------------------------------------------------------------------------
    \38\  Lewinsky 8/6/98 GJ at 91, 94-97; Lewinsky 8/26/98 Depo. at 
40-42.
    \39\  Lewinsky 8/26/98 Depo. at 40-43.
---------------------------------------------------------------------------
    This was their last in-person sexual encounter for over 
nine months.
            (ix) Friday, February 28, 1997
    Ms. Lewinsky testified that her next sexual encounter with 
the President occurred on Friday, February 28, 1997, in the 
early evening. 40 The President initiated this 
encounter by having his secretary Betty Currie call Ms. 
Lewinsky to invite her to the White House for a radio address. 
After the address, Ms. Lewinsky and the President kissed by the 
bathroom. The President unbuttoned her dress and fondled her 
breasts, first with her bra on and then directly. He touched 
her genitalia through her clothes, but not directly, on this 
occasion. Ms. Lewinsky performed oral sex on him. 41 
On this day, Ms. Lewinsky was wearing a blue dress that 
forensic tests have conclusively shown was stained with the 
President's semen. 42
---------------------------------------------------------------------------
    \40\  Id. at 45-49. They had engaged in phone sex a number of times 
in the interim, according to Ms. Lewinsky. Lewinsky 7/30/98 Int. at 14-
15.
    \41\  Lewinsky 8/26/98 Depo. at 47. On this occasion, the President 
ejaculated. Id.
    \42\  FBI Lab Report, Lab Nos. 980730002SBO and 980803100SBO, 8/17/
98.
---------------------------------------------------------------------------
            (x) Saturday, March 29, 1997
    Ms. Lewinsky testified that she and the President had 
sexual contact on the afternoon of March 29, 1997, in the Oval 
Office study. 43 On that occasion, the President 
unbuttoned Ms. Lewinsky's blouse and touched her breasts 
through her bra, but not directly. He also put his hands inside 
Ms. Lewinsky's pants and stimulated her genitalia. 
44 Ms. Lewinsky performed oral sex on him, and they 
also had brief, direct genital-to-genital contact. 
45
---------------------------------------------------------------------------
    \43\  Lewinsky 8/26/98 Depo. at 49-51.
    \44\  Ms. Lewinsky testified that she had multiple orgasms. Id. at 
50.
    \45\  Id. at 50-51; Lewinsky 8/6/98 GJ at 21. On this occasion, the 
President ejaculated. Lewinsky 8/26/98 Depo. at 50-51.
---------------------------------------------------------------------------
            (xi) Two Subsequent Meetings
    Ms. Lewinsky testified that she met with President Clinton 
in the Oval Office study on the morning of Saturday, August 16, 
1997. They kissed, and Ms. Lewinsky touched the President's 
genitals through his clothing, but he rebuffed her efforts to 
perform oral sex. No other sexual acts occurred during this 
encounter. 46
---------------------------------------------------------------------------
    \46\  Lewinsky 8/26/98 Depo. at 51-53.
---------------------------------------------------------------------------
    On Sunday, December 28, 1997, three weeks before the 
President's civil deposition in the Jones case, the President 
and Ms. Lewinsky met in the Oval Office. In addition to 
discussing a number of issues that are analyzed below, they 
engaged in ``passionate'' kissing--she said, ``I don't call it 
a brief kiss.'' No other sexual contact occurred. 47
---------------------------------------------------------------------------
    \47\  Id. at 53. See also Lewinsky 8/6/98 GJ at 35-36.
---------------------------------------------------------------------------

3. Phone Sex

    Ms. Lewinsky testified that she and the President engaged 
in ``phone sex'' approximately fifteen times. The President 
initiated each phone sex encounter by telephoning Ms. Lewinsky. 
48
---------------------------------------------------------------------------
    \48\  Lewinsky 7/30/98 Int. at 11-16; Lewinsky 8/6/98 GJ at 24. The 
summary chart of contacts between the President and Ms. Lewinsky, GJ 
Exhibit ML-7, which is based on information provided by Ms. Lewinsky, 
lists 17 separate phone sex calls. Id. at 27-28. Ms. Lewinsky also gave 
the President Vox, a novel about phone sex. Id.
    While phone sex may not itself constitute a ``sexual 
relationship,'' it adds detail to Ms. Lewinsky's testimony and 
underscores the sexual and intimate nature of the relationship between 
the President and Ms. Lewinsky.
    Ms. Lewinsky also said that the President left a few messages on 
her home answering machine (although he told her he did not like to 
leave messages). Ms. Lewinsky provided four microcassettes of four 
messages to the OIC on July 29, 1998. FBI Receipt for Property 
Received, dated 7/29/98.
---------------------------------------------------------------------------

4. Physical Evidence

    Ms. Lewinsky produced to OIC investigators a dress she wore 
during the encounter on February 28, 1997, which she believed 
might be stained with the President's semen. At the request of 
the OIC, the FBI Laboratory examined the dress and found semen 
stains.49 At that point, the OIC requested a DNA 
sample from the President. On August 3, 1998, two weeks before 
the President's grand jury testimony, a White House physician 
drew blood from the President in the presence of a senior OIC 
attorney and a FBI special agent.50 Through the most 
sensitive DNA testing, RFLP testing, the FBI Laboratory 
determined conclusively that the semen on Ms. Lewinsky's dress 
was, in fact, the President's.51 The chance that the 
semen is not the President's is one in 7.87 
trillion.52
---------------------------------------------------------------------------
    \49\ FBI Lab Report, Lab No. 9800730002SB0, 8/3/98.
    \50\ FBI Observation Report (White House), 8/3/98.
    \51\ FBI Lab Report, Lab No. 980730002SBO and 980803100SBO, 8/17/
98.
    \52\ Id.
---------------------------------------------------------------------------

5. Testimony of Ms. Lewinsky's Friends, Family Members, and Counselors

    During her relationship with the President, Monica Lewinsky 
spoke contemporaneously to several friends, family members, and 
counselors about the relationship. Their testimony corroborates 
many of the details of the sexual activity provided by Ms. 
Lewinsky to the OIC.
            (i) Catherine Allday Davis
    Catherine Allday Davis, a college friend of Monica 
Lewinsky's,53 testified that Ms. Lewinsky told her 
in late 1995 or early 1996 about Ms. Lewinsky's sexual 
relationship with the President.54 According to Ms. 
Davis, Ms. Lewinsky told her that the relationship included 
mutual kissing and hugging, as well as oral sex performed by 
Ms. Lewinsky on the President. She also stated that the 
President touched Monica ``on her breasts and on her 
vagina.''55 Ms. Davis also described the cigar 
incident discussed above.56 Ms. Davis added that 
Monica said that she had ``phone sex'' with the President five 
to ten times in 1996 or 1997.57
---------------------------------------------------------------------------
    \53\ Catherine Davis 3/17/98 GJ at 9-10. Ms. Catherine Davis talked 
to Ms. Lewinsky by telephone an average of once a week until April 1997 
when Ms. Davis moved to Tokyo; thereafter she and Ms. Lewinsky remained 
in touch through e-mail. Id. at 14, 27.
    \54\ Id. at 19-20.
    \55\ Id. at 20.
    \56\ Id. at 169.
    \57\ Id. at 37.
---------------------------------------------------------------------------
            (ii) Neysa Erbland
    Neysa Erbland, a high school friend of Ms. 
Lewinsky's,58 testified that Ms. Lewinsky told her 
in 1995 that she was having an affair with President 
Clinton.59 According to Ms. Erbland, Ms. Lewinsky 
said that the sexual relationship began when Ms. Lewinsky was 
an intern.60 Ms. Lewinsky told Ms. Erbland that the 
sexual contact included oral sex, kissing, and 
fondling.61 On occasion, as Ms. Erbland described 
it, the President put his face in Ms. Lewinsky's bare 
chest.62 Ms. Erbland also said that Ms. Lewinsky 
described the cigar incident discussed above.63 Ms. 
Erbland also understood from Ms. Lewinsky that she and the 
President engaged in phone sex, normally after 
midnight.64
---------------------------------------------------------------------------
    \58\ Erbland 2/12/98 GJ at 9-10. Ms. Erbland testified that she 
spoke on the phone with Ms. Lewinsky at least once a month. Id. at 18-
19.
    \59\ Id. at 24, 30, 31.
    \60\ Id. at 27.
    \61\  Id. at 26 (``She told me that she had given him [oral sex] 
and that she had had all of her clothes off, but that he only had his 
shirt off and that she had given him oral sex and they kissed and 
fondled each other and that they didn't have sex. That was kind of a 
little bit of a letdown for her.''); id. at 29 (``He put his face in 
her chest. And, you know, just oral sex on her part, you know, to 
him.'').
    \62\ Id. at 29.
    \63\ Id. at 45.
    \64\ Id. at 39 (``They were like phone sex conversations. They 
would, you know, talk about what they wanted to do to each other 
sexually.'').
---------------------------------------------------------------------------
            (iii) Natalie Rose Ungvari
    Ms. Lewinsky told another high school friend, Natalie Rose 
Ungvari,65 of her sexual relationship with the 
President. Ms. Lewinsky first informed Ms. Ungvari of the 
sexual relationship on November 23, 1995. Ms. Ungvari 
specifically remembers the date because it was her 
birthday.66 Ms. Ungvari recalled that Ms. Lewinsky 
said that she performed oral sex on the President and that he 
fondled her breasts.67 Ms. Lewinsky told Ms. Ungvari 
that the President sometimes telephoned Ms. Lewinsky late at 
night and would ask her to engage in phone sex.68
---------------------------------------------------------------------------
    \65\ Ms. Ungvari spoke with Monica Lewinsky on the telephone an 
average of once a week, and visited her in Washington in October 1995 
and March 1996. Ungvari 3/19/98 GJ at 9-11, 14-15.
    \66\ Id. at 18.
    \67\ Id. at 23-24.
    \68\ Id. at 81.
---------------------------------------------------------------------------
            (iv) Ashley Raines
    Ashley Raines, a friend of Ms. Lewinsky who worked in the 
White House Office of Policy Development 
Operations,69 testified that Ms. Lewinsky described 
the sexual relationship with the President. Ms. Raines 
testified that Ms. Lewinsky told her that the relationship 
began around the time of the government furlough in late 
1995.70 Ms. Raines understood that the President and 
Ms. Lewinsky engaged in kissing and oral sex, usually in the 
President's study.71 Ms. Lewinsky also told Ms. 
Raines that she and the President had engaged in phone sex on 
several occasions.72
---------------------------------------------------------------------------
    \69\ Raines 1/29/98 GJ at 11. Ms. Raines and Monica Lewinsky have 
become ``close friend[s]'' since Ms. Lewinsky left the White House. Id. 
at 19.
    \70\ Id. at 35-36, 38.
    \71\ Id. at 30, 43, 48.
    \72\ Id. at 51.
---------------------------------------------------------------------------
            (v) Andrew Bleiler
    In late 1995, Monica Lewinsky told Andrew Bleiler, a former 
boyfriend, that she was having an affair with a high official 
at the White House.73 According to Mr. Bleiler, Ms. 
Lewinsky said that the relationship did not include sexual 
intercourse, but did include oral sex. She also told Mr. 
Bleiler about the cigar incident discussed above, and sexual 
activity in which the man touched Ms. Lewinsky's genitals and 
caused her to have an orgasm.74
---------------------------------------------------------------------------
    \73\ Andrew Bleiler 1/28/98 Int. at 3.
    \74\ Id. at 3.
---------------------------------------------------------------------------
            (vi) Dr. Irene Kassorla
    Dr. Irene Kassorla counseled Ms. Lewinsky from 1992 through 
1997.75 Ms. Lewinsky told her of the sexual 
relationship with the President. Ms. Lewinsky said she 
performed oral sex on the President in a room adjacent to the 
Oval Office, that the President touched Ms. Lewinsky causing 
her to have orgasms, and that they engaged in fondling and 
touching of one another.76 The President was in 
charge of scheduling their sexual encounters and ``became 
Lewinsky's life.'' 77
---------------------------------------------------------------------------
    \75\ Ms. Lewinsky gave this Office permission to interview Dr. 
Kassorla.
    \76\ Kassorla 8/28/98 Int. at 2.
    \77\ Id. at 2-3. Dr. Kassorla advised Ms. Lewinsky against the 
relationship, stating that she was an employee having an office romance 
with a superior and that the relationship would cost Ms. Lewinsky her 
job. Id. at 2.
---------------------------------------------------------------------------
            (vii) Linda Tripp
    When she worked at the Pentagon, Ms. Lewinsky told a co-
worker, Linda Tripp, that she had a sexual relationship with 
President Clinton.78 Ms. Tripp stated that Ms. 
Lewinsky first told her about the relationship in September or 
October 1996. Ms. Lewinsky told Ms. Tripp that the first sexual 
encounter with the President had occurred on November 15, 1995, 
when Ms. Lewinsky performed oral sex on him. Ms. Lewinsky told 
Ms. Tripp that, during the course of this sexual relationship, 
she performed oral sex on the President, the President fondled 
Ms. Lewinsky's breasts, the President touched Ms. Lewinsky's 
genitalia, and they engaged in phone sex.79
---------------------------------------------------------------------------
    \78\ Tripp 7/2/98 GJ at 104.
    \79\ Id. at 97-105.
---------------------------------------------------------------------------
            (viii) Debra Finerman
    Ms. Lewinsky's aunt, Debra Finerman, testified that Monica 
told her about her sexual relationship with President 
Clinton.80 Ms. Finerman testified that Ms. Lewinsky 
described a particular sexual encounter with the 
President.81 Ms. Finerman otherwise did not ask and 
was not told the specifics of the sexual activity between the 
President and Ms. Lewinsky.82
---------------------------------------------------------------------------
    \80\ Finerman 3/18/98 Depo. at 29-33.
    \81\ She testified that the encounter concluded with the President 
masturbating into a bathroom sink. Id. at 30-31. Ms. Finerman indicated 
that ``it was something I didn't want to talk about,'' and Ms. Lewinsky 
``sort of clammed up'' thereafter. Id. at 35. See also Lewinsky 8/26/98 
Depo. at 18.
    \82\ Finerman 3/18/98 Depo. at 33-35.
---------------------------------------------------------------------------
            (ix) Dale Young
    Dale Young, a family friend, testified that Ms. Lewinsky 
told her that she had engaged in oral sex with President 
Clinton.83
---------------------------------------------------------------------------
    \83\ Young 6/23/98 GJ at 37-38.
---------------------------------------------------------------------------
            (x) Kathleen Estep
    Kathleen Estep, a counselor for Ms. Lewinsky,84 
met with Ms. Lewinsky on three occasions in November 
1996.85 Based on her limited interaction with Ms. 
Lewinsky, Ms. Estep stated that she considered Ms. Lewinsky to 
be credible.86 During their second session, Ms. 
Lewinsky told Ms. Estep about her sexual relationship with 
President Clinton.87 Ms. Lewinsky told Ms. Estep 
that the physical part of the relationship involved kissing, 
Ms. Lewinsky performing oral sex on the President, and the 
President fondling her breasts.88
---------------------------------------------------------------------------
    \84\ Estep 8/23/98 Int. at 1. Ms. Estep is a licensed certified 
social worker; Ms. Lewinsky gave this Office permission to interview 
her.
    \85\ Id. at 1, 4.
    \86\ Id. at 3. Ms. Estep also thought that Ms. Lewinsky had her 
``feet in reality.'' Id.
    \87\ Id. at 2.
    \88\ Id.
---------------------------------------------------------------------------

6. Summary

    The detailed testimony of Ms. Lewinsky, her corroborating 
prior consistent statements to her friends, family members, and 
counselors, and the evidence of the President's semen on Ms. 
Lewinsky's dress establish that Ms. Lewinsky and the President 
engaged in substantial sexual activity between November 15, 
1995, and December 28, 1997.89
---------------------------------------------------------------------------
    \89\ The President and Ms. Lewinsky had ten sexual encounters that 
included direct contact with the genitalia of at least one party, and 
two other encounters that included kissing. On nine of the ten 
occasions, Ms. Lewinsky performed oral sex on the President. On nine 
occasions, the President touched and kissed Ms. Lewinsky's bare 
breasts. On four occasions, the President also touched her genitalia. 
On one occasion, the President inserted a cigar into her vagina to 
stimulate her. The President and Ms. Lewinsky also had phone sex on at 
least fifteen occasions.
---------------------------------------------------------------------------
    The President, however, testified under oath in the civil 
case--both in his deposition and in a written answer to an 
interrogatory--that he did not have a ``sexual relationship'' 
or a ``sexual affair'' or ``sexual relations'' with Ms. 
Lewinsky. In addition, he denied engaging in activity covered 
by a more specific definition of ``sexual relations'' used at 
the deposition.90
---------------------------------------------------------------------------
    \90\ This denial encompassed touching of Ms. Lewinsky's breasts or 
genitalia.
---------------------------------------------------------------------------
    In his civil case, the President made five different false 
statements related to the sexual relationship. For four of the 
five statements, the President asserts a semantic defense: The 
President argues that the terms used in the Jones deposition to 
cover sexual activity did not cover the sexual activity in 
which he engaged with Ms. Lewinsky. For his other false 
statements, the President's response is factual--namely, he 
disputes Ms. Lewinsky's account that he ever touched her 
breasts or genitalia during sexual activity.91
---------------------------------------------------------------------------
    \91\ He provided his responses during his August 17, 1998 grand 
jury appearance; those responses are separately analyzed in Ground II.
---------------------------------------------------------------------------
    The President's denials--semantic and factual--do not 
withstand scrutiny.
    First, in his civil deposition, the President denied a 
``sexual affair'' with Ms. Lewinsky (the term was not defined). 
The President's response to lying under oath on this point 
rests on his definition of ``sexual affair''--namely, that it 
requires sexual intercourse, no matter how extensive the sexual 
activities might otherwise be. According to the President, a 
man could regularly engage in oral sex and fondling of breasts 
and genitals with a woman and yet not have a ``sexual affair'' 
with her.
    Second, in his civil deposition, the President also denied 
a ``sexual relationship'' with Ms. Lewinsky (the term was not 
defined). The President's response to lying under oath on this 
point similarly rests on his definition of ``sexual 
relationship''--namely, that it requires sexual intercourse. 
Once again, under the President's theory, a man could regularly 
engage in oral sex and fondling of breasts and genitals with a 
woman, yet not have a ``sexual relationship'' with her.
    The President's claim as to his interpretation of ``sexual 
relationship'' is belied by the fact that the President's own 
lawyer--earlier at that same deposition--equated the term 
``sexual relationship'' with ``sex of any kind in any manner, 
shape or form.'' The President's lawyer offered that 
interpretation when requesting Judge Wright to limit the 
questioning to prevent further inquiries with respect to Monica 
Lewinsky. As the videotape of the deposition reveals, the 
President was present and apparently looking in the direction 
of his attorney when his attorney offered that 
statement.92 The President gave no indication that 
he disagreed with his attorney's straightforward interpretation 
that the term ``sexual relationship'' means ``sex of any kind 
in any manner, shape, or form.'' Nor did the President 
thereafter take any steps to correct the attorney's statement.
---------------------------------------------------------------------------
    \92\ Chief Judge Norma Holloway Johnson, United States District 
Court for the District of Columbia, and Judge Susan Webber Wright, 
United States District Court for the Eastern District of Arkansas, each 
has one copy of the videotape, and the Congress may see fit to seek the 
videotape from either court. The videotape is valuable in facilitating 
a proper assessment of the facts and evidence presented in this 
Referral.
---------------------------------------------------------------------------
    Third, in an answer to an interrogatory submitted before 
his deposition, the President denied having ``sexual 
relations'' with Ms. Lewinsky (the term was not defined). Yet 
again, the President's apparent rejoinder to lying under oath 
on this point rests on his definition of ``sexual relations''--
that it, too, requires sexual intercourse. According to 
President Clinton, oral sex does not constitute sexual 
relations.
    Fourth, in his civil deposition, the President denied 
committing any acts that fell within the specific definition of 
``sexual relations'' that was in effect for purposes of that 
deposition. Under that specific definition, sexual relations 
occurs ``when the person knowingly engages in or causes contact 
with the genitalia, anus, groin, breast, inner thigh, or 
buttocks of any person with an intent to arouse or gratify the 
sexual desire of any person.''93 Thus, the President 
denied engaging in or causing contact with the genitalia, 
breasts, or anus of ``any person'' with an intent to arouse or 
gratify the sexual desire of ``any person.''
---------------------------------------------------------------------------
    \93\ Clinton 1/17/98 Depo., Exh. 1.
---------------------------------------------------------------------------
    Concerning oral sex, the President's sole answer to the 
charge that he lied under oath at the deposition focused on his 
interpretation of ``any person'' in the definition. Ms. 
Lewinsky testified that she performed oral sex on the President 
on nine occasions. The President said that by receiving oral 
sex, he would not ``engage in'' or ``cause'' 94 
contact with the genitalia, anus, groin, breast, inner thigh, 
or buttocks of ``any person'' because ``any person'' really 
means ``any other person.'' The President further testified 
before the grand jury: ``[I]f the deponent is the person who 
has oral sex performed on him, then the contact is with--not 
with anything on that list, but with the lips of another 
person.'' 95
---------------------------------------------------------------------------
    \94\ Clinton 8/17/98 GJ at 151.
    \95\ Clinton 8/17/98 GJ at 151 (emphasis added).
---------------------------------------------------------------------------
    The President's linguistic parsing is unreasonable. Under 
the President's interpretation (which he says he followed at 
his deposition), in an oral sex encounter, one person is 
engaged in sexual relations, but the other person is not 
engaged in sexual relations.96
---------------------------------------------------------------------------
    \96\ The definition used at the President's deposition also covers 
acts in which the deponent ``cause[d] contact'' with the genitalia or 
anus of ``any person.'' When he testified to the grand jury, the 
President said that this aspect of the definition still does not cover 
his receiving oral sex. The President said that the word ``cause'' 
implies ``forcing to me'' and ``forcible abusive behavior.'' Clinton 8/
17/98 GJ at 17. And thus the President said that he did not lie under 
oath in denying that he ``caused'' contact with the genitalia of any 
person because his activity with Ms. Lewinsky did not include any 
nonconsensual behavior. Id. at 18.
---------------------------------------------------------------------------
    Even assuming that the definitional language can be 
manipulated to exclude the deponent's receipt of oral sex, the 
President is still left with the difficulty that reasonable 
persons would not have understood it that way. And in context, 
the President's semantics become even weaker: The Jones suit 
rested on the allegation that the President sought to have Ms. 
Jones perform oral sex on him. Yet the President now claims 
that the expansive definition devised for deposition 
questioning should be interpreted to exclude that very act.
    Fifth, by denying at his civil deposition that he had 
engaged in any acts falling within the specific definition of 
``sexual relations,'' the President denied engaging in or 
causing contact with the breasts or genitalia of Ms. Lewinsky 
with an intent to arouse or gratify one's sexual desire. In 
contrast to his explanations of the four preceding false 
statements under oath, the President's defense to lying under 
oath in this instance is purely factual.
    As discussed above, Ms. Lewinsky testified credibly that 
the President touched and kissed her bare breasts on nine 
occasions, and that he stimulated her genitals on four 
occasions.97 She also testified about a cigar 
incident, which is discussed above. In addition, a deleted 
computer file from Ms. Lewinsky's home computer contained an 
apparent draft letter to the President that explicitly referred 
to an incident in which the President's ``mouth [was] on [her] 
breast'' and implicitly referred to direct contact with her 
genitalia.98 This draft letter further corroborates 
Ms. Lewinsky's testimony.
---------------------------------------------------------------------------
    \97\ She testified that she had orgasms on three of the four 
occasions. We note that fact because (i) the definition referred to 
direct contact with the genitalia with the ``intent to arouse or 
gratify'' and (ii) the President has denied such contact. Ms. Lewinsky 
also testified that on one occasion, the President put his hand over 
her mouth during a sexual encounter to keep her quiet. Lewinsky 7/31/98 
Int. at 3.
    \98\ MSL-55-DC-0094; MSL-55-DC-0124.
---------------------------------------------------------------------------
    Ms. Lewinsky's prior consistent statements to various 
friends, family members, and counselors--made when the 
relationship was ongoing--likewise corroborate her testimony on 
the nature of the President's touching of her body. Ms. 
Lewinsky had no apparent motive to lie to her friends, family 
members, and counselors. Ms. Lewinsky especially had no reason 
to lie to Dr. Kassorla and Ms. Estep, to whom she related the 
facts in the course of a professional relationship. And Ms. 
Lewinsky's statements to some that she did not have intercourse 
with the President, even though she wanted to do so, enhances 
the credibility of her statements. Moreover, the precise nature 
of the sexual activity only became relevant after the President 
interposed his semantic defense regarding oral sex on August 
17, 1998.
    By contrast, the President's testimony strains credulity. 
His apparent ``hands-off'' scenario--in which he would have 
received oral sex on nine occasions from Ms. Lewinsky but never 
made direct contact with Ms. Lewinsky's breasts or genitalia--
is not credible. The President's claim seems to be that he 
maintained a hands-off policy in ongoing sexual encounters with 
Ms. Lewinsky, which coincidentally happened to permit him to 
truthfully deny ``sexual relations'' with her at a deposition 
occurring a few years in the future. As Ms. Lewinsky noted, it 
suggests some kind of ``service contract--that all I did was 
perform oral sex on him and that that's all this relationship 
was.'' 99
---------------------------------------------------------------------------
    \99\ Lewinsky 8/20/98 GJ at 54.
---------------------------------------------------------------------------
    The President also had strong personal, political, and 
legal motives to lie in the Jones deposition: He did not want 
to admit that he had committed extramarital sex acts with a 
young intern in the Oval Office area of the White House. Such 
an admission could support Ms. Jones's theory of liability and 
would embarrass him. Indeed, the President admitted that during 
the relationship he did what he could to keep the relationship 
secret, including ``misleading'' members of his family and 
Cabinet.100 The President testified, moreover, that 
he ``hoped that this relationship would never become public.'' 
101
---------------------------------------------------------------------------
    \100\ Text of President's Address to Nation, reprinted in 
Washington Post, August 18, 1998, at A5 (emphasis added).
    \101\ Clinton 8/17/98 GJ at 107.
---------------------------------------------------------------------------
    At the time of his civil deposition, the President also 
could have presumed that he could lie under oath without risk 
because--as he knew--Ms. Lewinsky had already filed a false 
affidavit denying a sexual relationship with the President. 
Indeed, they had an understanding that each would lie under 
oath (explained more fully in Ground VI below). So the 
President might have expected that he could lie without 
consequence on the belief that no one could ever successfully 
challenge his denial of a sexual relationship with her.
    In sum, based on all of the evidence and considering the 
President's various responses, there is substantial and 
credible information that the President lied under oath in his 
civil deposition and his interrogatory answer in denying a 
sexual relationship, a sexual affair, or sexual relations with 
Ms. Lewinsky.102
---------------------------------------------------------------------------
    \102\ Following the President's public admission of an 
inappropriate relationship, Judge Wright stated sua sponte in an order 
issued on September 1, 1998: ``Although the Court has concerns about 
the nature of the President's January 17, 1998 deposition testimony 
given his recent public statements, the Court makes no findings at this 
time regarding whether the President may be in contempt.'' Jones v. 
Clinton, No. LR-C-94-290 (September 1, 1998), Unpublished Order at 7 
n.5.

   II. There is substantial and credible information that President 
Clinton lied under oath to the grand jury about his sexual relationship 
                         with Monica Lewinsky.

                             a. background

    In January 1998, upon application of the Attorney General, 
the Special Division of the United States Court of Appeals for 
the District of Columbia Circuit expanded the OIC's 
jurisdiction to investigate, among other matters, whether 
Monica Lewinsky and the President obstructed justice in the 
Jones case. The criminal investigation was triggered by 
specific and credible evidence that Monica Lewinsky denied her 
relationship with President Clinton in a false affidavit in the 
Jones case, that she had spoken to the President and Vernon 
Jordan about her testimony, and that she may have been 
influenced to lie by the President through the assistance of 
Vernon Jordan and others in finding her a job. After the 
President, in his January 17 deposition, denied any sexual 
relationship with Monica Lewinsky and otherwise minimized his 
overall relationship with her, the President's testimony became 
an additional subject of the OIC investigation.
    The threshold factual question was whether the President 
and Monica Lewinsky in fact had a sexual relationship. If they 
did, the President would have committed perjury in his civil 
deposition and interrogatory answer: The President, as noted in 
Ground I above, had denied a sexual affair, sexual 
relationship, or sexual relations with Monica Lewinsky, 
including any direct contact with her breasts or genitalia. The 
answer to the preliminary factual question also could alter the 
interpretation of several possibly obstructionist acts by the 
President--the employment assistance for Ms. Lewinsky, the 
concealment of gifts he had given to Ms. Lewinsky, the 
discussion between the President and Ms. Lewinsky of her 
testimony or affidavit, the President's post-deposition 
communications with Betty Currie, and the President's emphatic 
denials of a relationship to his aides who later testified 
before the grand jury.
    During the investigation, the OIC gathered a substantial 
body of information that established that the President and 
Monica Lewinsky did, in fact, have a sexual relationship. That 
information is outlined in Ground I above. In particular, the 
information includes: (i) the detailed and credible testimony 
of Ms. Lewinsky regarding the 10 sexual encounters; (ii) the 
President's semen stain on Ms. Lewinsky's dress; and (iii) the 
testimony of friends, family members, and counselors to whom 
she made near-contemporaneous statements about the 
relationship. All of this evidence pointed to a single 
conclusion--that she and the President did have a sexual 
relationship.

                b. the president's grand jury testimony

    The President was largely aware of that extensive body of 
evidence before he testified to the grand jury on August 17, 
1998. Not only did the President know that Ms. Lewinsky had 
reached an immunity agreement with this Office in exchange for 
her truthful testimony, but the President knew from public 
reports and his own knowledge that his semen might be on one of 
Ms. Lewinsky's dresses. The OIC had asked him for a blood 
sample on August 3, 1998 (two weeks before his grand jury 
testimony) and assured his counsel that there was a substantial 
predicate for the request, which reasonably implied that there 
was semen on the dress.
    As a result, the President had three apparent choices in 
his testimony to the grand jury. First, the President could 
adhere to his previous testimony in his civil case, as well as 
in his public statements, and deny any sexual relationship. But 
he knew (or at least, had reason to know) that the contrary 
evidence was overwhelming, particularly if his semen were in 
fact on Ms. Lewinsky's dress. Second, the President could admit 
a sexual relationship, which would cause him also to 
simultaneously admit that he lied under oath in the Jones case. 
Third, the President could invoke his Fifth Amendment privilege 
against compelled self-incrimination.
    Confronting those three options, the President attempted to 
avoid them altogether. The President admitted to an 
``inappropriate intimate'' relationship, but he maintained that 
he had not committed perjury in the Jones case when he denied 
having a sexual relationship, sexual affair, or sexual 
relations with her. 103 The President contended that 
he had believed his various statements in the Jones case to be 
legally accurate. 104 He also testified that the 
inappropriate relationship began not in November 1995 when Ms. 
Lewinsky was an intern, as Ms. Lewinsky and other witnesses 
have testified, but in 1996.
---------------------------------------------------------------------------
    \103\ Clinton 8/17/98 GJ at 9-10.
    \104\ Id. at 9-10. See also Excerpt from President Clinton's 
Televised Address to the American People, 8/17/98, reprinted in The 
Washington Post, at A5 (8/18/98) (``In a deposition in January, I was 
asked questions about my relationship with Monica Lewinsky. While my 
answers were legally accurate, I did not volunteer information.'').
---------------------------------------------------------------------------
    During his grand jury testimony, the President was asked 
whether Monica Lewinsky performed oral sex on him and, if so, 
whether he had committed perjury in his civil deposition by 
denying a sexual relationship, sexual affair, or sexual 
relations with her. The President refused to say whether he had 
oral sex. Instead, the President said (i) that the undefined 
terms ``sexual affair,'' ``sexual relationship,'' and ``sexual 
relations'' necessarily require sexual intercourse, (ii) that 
he had not engaged in intercourse with Ms. Lewinsky, and (iii) 
that he therefore had not committed perjury in denying a sexual 
relationship, sexual affair, or sexual relations. 
105
---------------------------------------------------------------------------
    \105\ Clinton 8/17/98 GJ at 23-24.
---------------------------------------------------------------------------
    A more specific definition of ``sexual relations'' had also 
been used at the civil deposition. As to that definition, the 
President said to the grand jury that he does not and did not 
believe oral sex was covered.
          Q: [I]s oral sex performed on you within that 
        definition as you understood it, the definition in the 
        Jones----
          A: As I understood it, it was not; no.106
---------------------------------------------------------------------------
    \106\ Id. at 93.
---------------------------------------------------------------------------
The President thus contended that he had not committed perjury 
on that question in the Jones deposition--even assuming that 
Monica Lewinsky performed oral sex on him.
    There still was the question of his contact with Ms. 
Lewinsky's breasts and genitalia, which the President conceded 
would fall within the Jones definition of sexual relations. The 
President denied that he had engaged in such activity and said, 
in effect, that Monica Lewinsky was lying:
          Q: The question is, if Monica Lewinsky says that 
        while you were in the Oval Office area you touched her 
        breasts would she by lying?
          A: That is not my recollection. My recollection is 
        that I did not have sexual relations with Ms. Lewinsky 
        and I'm staying on my former statement about that. * * 
        * My, my statement is that I did not have sexual 
        relations as defined by that.
          Q: If she says that you kissed her breasts, would she 
        be lying?
          A: I'm going to revert to my former statement [that 
        is, the prepared statement denying ``sexual 
        relations''].
          Q: Okay. If Monica Lewinsky says that while you were 
        in the Oval Office area you touched her genitalia, 
        would she be lying? And that calls for a yes, no, or 
        reverting to your former statement.
          A: I will revert to my former statement on 
        that.107
---------------------------------------------------------------------------
    \107\ Id. at 110 (emphasis added).
---------------------------------------------------------------------------
    The President elaborated that he considered kissing or 
touching breasts or genitalia during sexual activity to be 
covered by the Jones definition, but he denied that he had ever 
engaged in such conduct with Ms. Lewinsky:
          Q: So touching, in your view then and now--the person 
        being deposed touching or kissing the breast of another 
        person would fall within the definition?
          A: That's correct, sir.
          Q: And you testified that you didn't have sexual 
        relations with Monica Lewinsky in the Jones deposition, 
        under that definition, correct?
          A: That's correct, sir.
          Q: If the person being deposed touched the genitalia 
        of another person, would that be--and with the intent 
        to arouse the sexual desire, arouse or gratify, as 
        defined in definition (1), would that be, under your 
        understanding then and now----
          A: Yes, sir.
          Q: ----sexual relations.
          A: Yes, sir.
          Q: Yes it would?
          A: Yes it would. If you had a direct contact with any 
        of these places in the body, if you had direct contact 
        with intent to arouse or gratify, that would fall 
        within the definition.
          Q: So you didn't do any of those three things----
          A: You----
          Q: ----with Monica Lewinsky.
          A: You are free to infer that my testimony is that I 
        did not have sexual relations, as I understood this 
        term to be defined.
          Q: Including touching her breast, kissing her breast, 
        touching her genitalia?
          A: That's correct.108
---------------------------------------------------------------------------
    \108\ Id. at 95-96 (emphasis added).
---------------------------------------------------------------------------

                               C. Summary

    In the foregoing testimony to the grand jury, the President 
lied under oath three times.
    1. The President testified that he believed oral sex was 
not covered by any of the terms and definitions for sexual 
activity used at the Jones deposition. That testimony is not 
credible: At the Jones deposition, the President could not have 
believed that he was telling ``the truth, the whole truth, and 
nothing but the truth'' in denying a sexual relationship, 
sexual relations, or a sexual affair with Monica Lewinsky.
    2. In all events, even putting aside his definitional 
defense, the President made a second false statement to the 
grand jury. The President's grand jury testimony contradicts 
Ms. Lewinsky's grand jury testimony on the question whether the 
President touched Ms. Lewinsky's breasts or genitalia during 
their sexual activity. There can be no contention that one of 
them has a lack of memory or is mistaken. On this issue, either 
Monica Lewinsky lied to the grand jury, or President Clinton 
lied to the grand jury. Under any rational view of the 
evidence, the President lied to the grand jury.
    First, Ms. Lewinsky's testimony about these encounters is 
detailed and specific. She described with precision nine 
incidents of sexual activity in which the President touched and 
kissed her breasts and four incidents involving contacts with 
her genitalia.
    Second, Ms. Lewinsky has stated repeatedly that she does 
not want to hurt the President by her testimony.109 
Thus, if she had exaggerated in her many prior statements, she 
presumably would have said as much, rather than adhering to 
those statements. She has confirmed those details, however, 
even though it clearly has been painful for her to testify to 
the details of her relationship with the President.
---------------------------------------------------------------------------
    \109\ Lewinsky 8/26/98 Depo. at 69.
---------------------------------------------------------------------------
    Third, the testimony of many of her friends, family 
members, and counselors corroborate her testimony in important 
detail. Many testified that Ms. Lewinsky had told them that the 
President had touched her breasts and genitalia during sexual 
activity. These statements were made well before the 
President's grand jury testimony rendered these precise details 
important. Ms. Lewinsky had no motive to lie to these 
individuals (and obviously not to counselors). Indeed, she 
pointed out to many of them that she was upset that sexual 
intercourse had not occurred, an unlikely admission if she were 
exaggerating the sexual aspects of their relationship.
    Fourth, a computer file obtained from Ms. Lewinsky's home 
computer contained a draft letter that referred in one place to 
their sexual relationship. The draft explicitly refers to 
``watching your mouth on my breast'' and implicitly refers to 
direct contact with Ms. Lewinsky's genitalia.110 
This draft letter further corroborates Ms. Lewinsky's testimony 
and indicates that the President's grand jury testimony is 
false.
---------------------------------------------------------------------------
    \110\ MSL-55-DC-0094; MSL-55-DC-0124.
---------------------------------------------------------------------------
    Fifth, as noted above, the President's ``hands-off'' 
scenario--in which he would have received oral sex on nine 
occasions from Ms. Lewinsky but never made direct contact with 
Ms. Lewinsky's breasts or genitalia--is implausible. As Ms. 
Lewinsky herself testified, it suggests that she and the 
President had some kind of ``service contract--that all I did 
was perform oral sex on him and that that's all this 
relationship was.'' 111 But as the above 
descriptions and the Narrative explain, the nature of the 
relationship, including the sexual relationship, was far more 
than that.
---------------------------------------------------------------------------
    \111\ Lewinsky 8/20/98 GJ at 54.
---------------------------------------------------------------------------
    Sixth, in the grand jury, the President had a motive to lie 
by denying he had fondled Ms. Lewinsky in intimate ways. The 
President clearly sought to deny any acts that would show that 
he committed perjury in his civil case (implying that the 
President understood how seriously the public and the courts 
would view perjury in a civil case). To do that, the President 
had to deny touching Ms. Lewinsky's breasts or genitalia--no 
matter how implausible his testimony to that effect might be.
    Seventh, the President refused to answer specific questions 
before the grand jury about what activity he did engage in (as 
opposed to what activity he did not engage in)--even though at 
the Jones deposition only seven months before, his attorney 
stated that he was willing to answer specific questions when 
there was a sufficient factual predicate.112 The 
President's failure in the grand jury to answer specific 
follow-up questions suggests that he could not supply responses 
in a consistent or credible manner.
---------------------------------------------------------------------------
    \112\ Clinton 1/17/98 Depo. at 26 (``If the predicates are met, we 
have no objection to detail'').
---------------------------------------------------------------------------
    3. Finally, the President made a third false statement to 
the grand jury about his sexual relationship with Monica 
Lewinsky. He contended that the intimate contact did not begin 
until 1996. Ms. Lewinsky has testified that it began November 
15, 1995, during the government shutdown--testimony 
corroborated by statements she made to friends at the 
time.113 A White House photograph of the evening 
shows the President and Ms. Lewinsky eating 
pizza.114 White House records show that Ms. Lewinsky 
did not depart the White House until 12:18 a.m. and show that 
the President was in the Oval Office area until 12:35 
a.m.115
---------------------------------------------------------------------------
    \113\ See, e.g., Ungvari 3/19/98 GJ at 18, 22-24; Erbland 2/12/98 
GJ at 23-25.
    \114\ V006-DC-00003737-3744.
    \115\ 827-DC-00000008; 1222-DC-00000156, 1222-DC-0000083-85.
---------------------------------------------------------------------------
    Ms. Lewinsky was still an intern when she says the 
President began receiving oral sex from her, whereas she was a 
full-time employee by the time that the President admits they 
began an ``inappropriate intimate'' relationship. The motive 
for the President to make a false statement about the date on 
which the sexual relationship started appears to have been that 
the President was unwilling to admit sexual activity with a 
young 22-year-old White House intern in the Oval Office area. 
Indeed, Ms. Lewinsky testified that, at that first encounter, 
the President tugged at her intern pass. He said that ``this'' 
may be a problem; Ms. Lewinsky interpreted that statement to 
reflect his awareness that there would be a problem with her 
obtaining access to the West Wing.116
---------------------------------------------------------------------------
    \116\ Lewinsky 7/30/98 Int. at 6; Lewinsky 8/24/98 Int. at 5.
---------------------------------------------------------------------------
    For all these reasons, there is substantial and credible 
information that the President lied to the grand jury about his 
sexual relationship with Monica Lewinsky.117
---------------------------------------------------------------------------
    \117\ The President contended that he had only one encounter in 
1997 with Ms. Lewinsky, whereas she says that there were two. The 
motive for making a false statement on that issue is less clear, except 
that perhaps the President wanted to portray the 1997 relationship as 
an isolated incident.

   III. There is substantial and credible information that President 
Clinton lied under oath during his civil deposition when he stated that 
   he could not recall being alone with Monica Lewinsky and when he 
           minimized the number of gifts they had exchanged.

    The President testified to the grand jury and stated to the 
Nation on August 17 that his testimony in his civil deposition 
had been ``legally accurate.'' Even apart from his answers 
about the sexual relationship, the President's deposition 
testimony was inaccurate on several other points.
    During President Clinton's deposition in the Jones case, 
Ms. Jones's attorneys asked the President many detailed 
questions about the nature of his relationship with Ms. 
Lewinsky, apart from whether the relationship was sexual. The 
questions included: (i) whether the President had been alone 
with Ms. Lewinsky in the White House and, if so, how many 
times; and (ii) whether he and Ms. Lewinsky exchanged gifts. 
118 Both issues were important in determining the 
nature of the relationship. 119
---------------------------------------------------------------------------
    \118\ Ms. Jones's attorneys had earlier served President Clinton 
with a document request that sought documents reflecting ``any 
communications, meetings or visits involving'' President Clinton and 
Ms. Lewinsky. 1414-DC-00001534-46.
    \119\ Throughout the Jones case, Judge Susan Webber Wright ruled 
that Ms. Jones was entitled to discover information regarding the 
nature of President Clinton's relationship with government employees, 
including Monica Lewinsky, a federal employee at the time. See, e.g., 
921-DC-00000459-66; 920-DC-00000517-25; 1414-DC-00001006-14; 921-DC-
00000736-44; 921-DC-00000751-52; 1414-DC-00001188-92.
---------------------------------------------------------------------------
    There is substantial and credible information that the 
President lied under oath about those subjects.
A. There is substantial and credible information that President 
        Clinton lied under oath when he testified that he could 
        not specifically recall instances in which he was alone 
        with Monica Lewinsky.
1. The President's Civil Deposition Testimony
    President Clinton was asked at his deposition whether he 
had ever been alone with Ms. Lewinsky. He testified as follows:

          Q: * * * At any time were you and Monica Lewinsky 
        together alone in the Oval Office?

                [videotape shows approximately five-second 
                pause before answer]

          WJC: I don't recall, but as I said, when she worked 
        at the legislative affairs office, they always had 
        somebody there on the weekends. I typically worked some 
        on the weekends. Sometimes they'd bring me things on 
        the weekends. She--it seems to me she brought things to 
        me once or twice on the weekends. In that case, 
        whatever time she would be in there, drop it off, 
        exchange a few words and go, she was there. I don't 
        have any specific recollections of what the issues 
        were, what was going on, but when the Congress is 
        there, we're working all the time, and typically I 
        would do some work on one of the days of the weekends 
        in the afternoon.
          Q: So I understand, your testimony is that it was 
        possible, then, that you were alone with her, but you 
        have no specific recollection of that ever happening?
          WJC: Yes, that's correct. It's possible that she, in, 
        while she was working there, brought something to me 
        and that at the time she brought it to me, she was the 
        only person there. That's possible. 120
---------------------------------------------------------------------------
    \120\ Clinton 1/17/98 Depo. at 52-53 (emphasis added).

    The President also was asked whether he had ever been alone 
with Ms. Lewinsky in the hallway that runs from the Oval 
Office, past the study, to the dining room and kitchen 
area.121
---------------------------------------------------------------------------
    \121\ Ms. Lewinsky testified that many of her sexual encounters 
with the President occurred in this windowless hallway. Lewinsky 8/6/96 
GJ at 34-36.

          Q: At any time were you and Monica Lewinsky alone in 
        the hallway between the Oval Office and this kitchen 
        area?
          WJC: I don't believe so, unless we were walking back 
        to the back dining room with the pizza. 122 
        I just, I don't remember. I don't believe we were alone 
        in the hallway, no.123
---------------------------------------------------------------------------
    \122\ The President had earlier testified that during the 
government shutdown in November 1995, Ms. Lewinsky was working as an 
intern in the Chief of Staff's Office, and had brought the President 
and others some pizza. Clinton 1/17/98 Depo. at 58.
    \123\ Id. at 58-59 (emphasis added).

    The President was then asked about any times he may have 
---------------------------------------------------------------------------
been alone in any room with Ms. Lewinsky:

          Q: At any time have you and Monica Lewinsky ever been 
        alone together in any room of the White House?
          WJC: I think I testified to that earlier. I think 
        that there is a, it is--I have no specific 
        recollection, but it seems to me that she was on duty 
        on a couple of occasions working for the legislative 
        affairs office and brought me some things to sign, 
        something on the weekend. That's--I have a general 
        memory of that.124
---------------------------------------------------------------------------
    \124\ Id. at 59 (emphasis added).

2. Evidence That Contradicts the President's Testimony
    In the seven months preceding the President's grand jury 
testimony on August 17, the OIC gathered substantial and 
credible information that the President lied under oath in his 
deposition statements about being alone with Monica Lewinsky.
    First, Monica Lewinsky testified before the grand jury that 
she was alone with the President on numerous occasions 
125 and in numerous areas, including the Oval 
Office, 126 Nancy Hernreich's office,127 
the President's private study,128 the private 
bathroom across from the study,129 and the hallway 
that leads from the Oval Office to the private dining 
room.130 Ms. Lewinsky confirmed that she and the 
President were alone during sexual activity.131
---------------------------------------------------------------------------
    \125\ Lewinsky 8/6/98 GJ at 20, 52.
    \126\ Lewinsky 8/26/98 Depo. at 22; Lewinsky 8/6/98 GJ at 52-53.
    \127\ Lewinsky 8/6/98 GJ at 76.
    \128\ Id. at 52-53.
    \129\ Id. at 35.
    \130\ Id. at 34-36.
    \131\ Id. at 20.
---------------------------------------------------------------------------
    Second, Betty Currie testified that President Clinton and 
Ms. Lewinsky were alone together in the Oval Office area a 
number of times.132 She specifically remembered 
three occasions when the President and Ms. Lewinsky were alone 
together: February 28, 1997,133 early December 
1997,134 and December 28, 1997.135
---------------------------------------------------------------------------
    \132\ Currie 1/27/98 GJ at 32-33. See also Currie 5/6/98 GJ at 98. 
The Oval Office area includes the study, dining room, kitchen, 
bathroom, and hallway connecting the area. See Appendix, Exhibit D 
(diagram of Oval Office area).
    \133\ Currie 1/27/98 GJ at 34-35 (recalling that after the 
President's radio address, the President told Ms. Lewinsky he wanted to 
show her his collection of political buttons and took her into the Oval 
Office study for 15 to 20 minutes while Ms. Currie waited nearby, in 
the pantry or the dining room).
    \134\ Currie 1/27/98 GJ at 36-38 (testifying that Ms. Lewinsky came 
to the White House and met with the President alone for 15 or 20 
minutes). See also Currie 5/14/98 GJ at 116.
    \135\ Currie 1/27/98 GJ at 35-36 (testifying that Ms. Lewinsky and 
the President were in the Oval Office for ``[p]erhaps 30 minutes.''). 
Again, Ms. Currie testified that she believes no one else was present. 
See also Currie 5/6/98 GJ at 103-105.
---------------------------------------------------------------------------
    Third, six current or former members of the Secret Service 
testified that the President and Ms. Lewinsky were alone in the 
Oval Office area--Robert Ferguson,136 Lewis 
Fox,137 William Bordley,138 Nelson 
Garabito,139 Gary Byrne,140 and John 
Muskett.141
---------------------------------------------------------------------------
    \136\ Ferguson 7/17/98 GJ at 23-35 (alone for approximately 45 
minutes); Ferguson 7/23/98 GJ at 18-24.
    \137\ Fox 2/17/98 GJ at 30-38 (alone for approximately 40 minutes).
    \138\ Bordley 8/13/98 GJ at 19-30 (alone for approximately 30 to 35 
minutes).
    \139\ Garabito 7/30/98 GJ at 25-32.
    \140\ Byrne 7/30/98 GJ at 7-12, 29-32 (alone for 15 to 25 minutes).
    \141\ Muskett 7/21/98 GJ at 9-13, 22-32 (alone on Easter Sunday 
1996).
---------------------------------------------------------------------------
    Fourth, White House steward Glen Maes testified that on 
some weekend day after Christmas 1997,142 the 
President came out of the Oval Office, saw Ms. Lewinsky with a 
gift, and escorted her into the Oval Office. Mr. Maes testified 
that the President and Ms. Lewinsky were alone together for 
approximately eight minutes, and then Ms. Lewinsky 
left.143
---------------------------------------------------------------------------
    \142\ The last date that White House records reflect a visit by Ms. 
Lewinsky is Sunday, December 28, 1997. 827-DC-00000018; V006-DC-
00000009.
    \143\ Maes 4/8/98 GJ at 84-89.
---------------------------------------------------------------------------

3. The President's Grand Jury Testimony

    On August 17, 1998, the President testified to the grand 
jury and began his testimony by reading a statement admitting 
that he had been alone with Ms. Lewinsky:

          When I was alone with Ms. Lewinsky on certain 
        occasions in early 1996 and once in early 1997, I 
        engaged in conduct that was wrong.144
---------------------------------------------------------------------------
    \144\ Clinton 8/17/98 GJ at 9-10 (emphasis added).

The President acknowledged being alone with Ms. Lewinsky on 
multiple occasions, although he could not pinpoint the precise 
number.145 Perhaps most important, the President 
admitted that he was alone with Ms. Lewinsky on December 28, 
1997,146 less than three weeks before his deposition 
in the Jones case. Indeed, he acknowledged that he would have 
to have been an ``exhibitionist'' for him not to have been 
alone with Ms. Lewinsky when they were having sexual 
encounters.147
---------------------------------------------------------------------------
    \145\ Id. at 30-33.
    \146\ Id. at 34.
    \147\ Id. at 54.
---------------------------------------------------------------------------

4. Summary

    Substantial and credible information demonstrates that the 
President made three false statements under oath in his civil 
deposition regarding whether he had been alone with Ms. 
Lewinsky.
    First, the President lied when he said ``I don't recall'' 
in response to the question whether he had ever been alone with 
Ms. Lewinsky. The President admitted to the grand jury that he 
had been alone with Ms. Lewinsky. It is not credible that he 
actually had no memory of this fact six months earlier, 
particularly given that they were obviously alone when engaging 
in sexual activity.
    Second, when asked whether he had been alone with Ms. 
Lewinsky in the hallway in the Oval Office, the President 
answered, ``I don't believe so, unless we were walking back to 
the back dining room with the pizza.'' 148 That 
statement, too, was false: Most of the sexual encounters 
between the President and Ms. Lewinsky occurred in that hallway 
(and on other occasions, they walked through the hallway to the 
dining room or study), and it is not credible that the 
President would have forgotten this fact.
---------------------------------------------------------------------------
    \148\ Clinton 1/17/98 Depo. at 58-59.
---------------------------------------------------------------------------
    Third, the President suggested at his civil deposition that 
he had no specific recollection of being alone with Ms. 
Lewinsky in the Oval Office, but had a general recollection 
that Ms. Lewinsky may have brought him ``papers to sign'' on 
certain occasions when she worked at the Legislative Affairs 
Office.149 This statement was false. Ms. Lewinsky 
did not bring him papers for official purposes. To the 
contrary, ``bringing papers'' was one of the sham ``cover 
stories'' that the President and Ms. Lewinsky had originally 
crafted to conceal their sexual relationship.150 The 
fact that the President resorted to a previously designed cover 
story when testifying under oath at the Jones deposition 
confirms that he made these false denials in a calculated 
manner with the intent and knowledge that they were false.
---------------------------------------------------------------------------
    \149\ See id. at 52-53, 59.
    \150\ Clinton 8/17/98 GJ at 118; Lewinsky 8/6/98 GJ at 53-55.
---------------------------------------------------------------------------
    The President had an obvious motive to lie in this respect. 
He knew that it would appear odd for a President to have been 
alone with a female intern or low-level staffer on so many 
occasions. Such an admission might persuade Judge Wright to 
deny any motion by Ms. Lewinsky to quash her deposition 
subpoena. It also might prompt Ms. Jones's attorneys to oppose 
efforts by Ms. Lewinsky not to be deposed and to ask specific 
questions of Ms. Lewinsky about the times she was alone with 
the President. It also might raise questions publicly if and 
when the President's deposition became public; at least parts 
of the deposition were likely to become public at trial, if not 
at the summary judgment stage.
    Because lying about their sexual relationship was 
insufficient to avoid raising further questions, the President 
also lied about being alone with Ms. Lewinsky--or at least 
feigned lack of memory as to specific 
occurrences.151
---------------------------------------------------------------------------
    \151\ In criminal law, a feigned lack of memory is sufficient for a 
perjury conviction. See, e.g., United States v. Chapin, 515 F.2d 1274 
(D.C. Cir. 1975); Behrle v. United States, 100 F.2d 174 (D.C. Cir. 
1938).
---------------------------------------------------------------------------
B. There is substantial and credible information that the 
        President lied under oath in his civil deposition about 
        gifts he exchanged with Monica Lewinsky.
    During his civil deposition, the President also was asked 
several questions about gifts he and Monica Lewinsky had 
exchanged. The evidence demonstrates that he answered the 
questions falsely. As with the questions about being alone, 
truthful answers to these questions would have raised questions 
about the nature of the relationship. Such answers also would 
have been inconsistent with the understanding of the President 
and Ms. Lewinsky that, in response to her subpoena, Ms. 
Lewinsky would not produce all of the gifts she had received 
from the President (an issue discussed more fully in Ground V).

1. The President's Civil Deposition Testimony About His Gifts to Monica 
        Lewinsky

    During the President's deposition in the Jones case, Ms. 
Jones's attorneys asked several questions about whether he had 
given gifts to Monica Lewinsky.

          Q: Well, have you ever given any gifts to Monica 
        Lewinsky?
          WJC: I don't recall. Do you know what they were?
          Q: A hat pin?
          WJC: I don't, I don't remember. But I certainly, I 
        could have.
          Q: A book about Walt Whitman?
          WJC: I give--let me just say, I give people a lot of 
        gifts, and when people are around I give a lot of 
        things I have at the White House away, so I could have 
        given her a gift, but I don't remember a specific gift.
          Q: Do you remember giving her a gold broach?
          WJC: No.152
---------------------------------------------------------------------------
    \152\ Clinton 1/17/98 Depo. at 75 (emphasis added).
---------------------------------------------------------------------------

2. Evidence that Contradicts the President's Civil Deposition Testimony

    (i) Just three weeks before the President's deposition, on 
December 28, 1997, President Clinton gave Ms. Lewinsky a number 
of gifts, the largest number he had ever given 
her.153 They included a large Rockettes blanket, a 
pin of the New York skyline, a marble-like bear's head from 
Vancouver, a pair of sunglasses, a small box of cherry 
chocolates, a canvas bag from the Black Dog, and a stuffed 
animal wearing a T-shirt from the Black Dog.154 Ms. 
Lewinsky produced the Rockettes blanket, the bear's head, the 
Black Dog canvas bag, the Black Dog stuffed animal, and the 
sunglasses to the OIC on July 29, 1998.155
---------------------------------------------------------------------------
    \153\ Clinton 8/17/98 GJ at 36.
    \154\ Lewinsky 8/6/98 GJ at 27-28, 150-51; GJ Exhibit ML-7.
    \155\ FBI Receipt for Property received, 7/29/98.
---------------------------------------------------------------------------
    (ii) The evidence also demonstrates that the President gave 
Ms. Lewinsky a hat pin as a belated Christmas gift on February 
28, 1997.156 The President and Ms. Lewinsky 
discussed the hatpin on December 28, 1997, after Ms. Lewinsky 
received a subpoena calling for her to produce all gifts from 
the President, including any hat pins.157 In her 
meeting with the President on December 28, 1997, according to 
Ms. Lewinsky, ``I mentioned that I had been concerned about the 
hat pin being on the subpoena and he said that that had sort of 
concerned him also and asked me if I had told anyone that he 
had given me this hat pin and I said no.'' 158 The 
President's secretary Betty Currie also testified that she had 
previously discussed the hat pin with the 
President.159
---------------------------------------------------------------------------
    \156\ Lewinsky 8/6/98 GJ at 26-28; GJ Exhibit ML-7.
    \157\ Lewinsky 8/6/98 GJ at 151. Ms. Lewinsky's subpoena directed 
in part: ``Please produce each and every gift including, but not 
limited to, any and all dresses, accessories, and jewelry, and/or hat 
pins given to you by, or on behalf of, Defendant Clinton.'' 902-DC-
00000135-38.
    \158\ Lewinsky 8/6/98 GJ at 33, 152. See also Lewinsky 2/1/98 
Statement at 7. In fact, Ms. Lewinsky had told Ms. Tripp about it. Ms. 
Lewinsky had also discussed the hat pin and the subpoena's request for 
the hat pin with Mr. Jordan. Lewinsky 8/6/98 GJ at 132, 140.
    \159\ Currie 5/6/98 GJ at 142 (relating incident where the 
President asks Ms. Currie about the hat pin he gave to Ms. Lewinsky). 
After this criminal investigation started, Ms. Currie turned over a box 
of items--including a hat pin--that had been given to her by Ms. 
Lewinsky. Ms. Currie understood from Ms. Lewinsky that the box did 
contain gifts from the President. See Currie 5/6/98 GJ at 107. Ms. 
Lewinsky testified that the box contained gifts from the President, 
including the hat pin. Lewinsky 8/6/98 GJ at 154-162.
---------------------------------------------------------------------------
    (iii) Ms. Lewinsky testified that the President gave her 
additional gifts over the course of their relationship, such as 
a brooch,160 the book Leaves of Grass by Walt 
Whitman,161 an Annie Lennox compact 
disk,162 and a cigar.163
---------------------------------------------------------------------------
    \160\ Ms. Lewinsky testified that the President had given her a 
gold brooch, and she made near-contemporaneous statements to Ms. 
Erbland, Ms. Raines, Ms. Ungvari, and Ms. Tripp regarding the gift. 
Lewinsky 8/6/98 GJ at 26-28; GJ Exhibit ML-7; Erbland 2/12/98 GJ at 41; 
Raines 1/29/98 GJ at 53-55; Ungvari 3/19/98 GJ at 44; Tripp 7/29/98 GJ 
at 105.
    \161\ Ms. Lewinsky testified that Leaves of Grass was ``the most 
sentimental gift he had given me.'' Lewinsky 8/6/98 GJ at 156. Ms. 
Lewinsky made near-contemporaneous statements to her mother, her aunt, 
and her friends Ms. Davis, Ms. Erbland, and Ms. Raines that the 
President had given her Leaves of Grass. Davis 3/17/98 GJ at 30-31; 
Erbland 2/12/98 GJ at 40-41; Finerman 3/18/98 Depo. at 15-16; Marcia 
Lewis 2/10/98 GJ at 51-52; Marcia Lewis 2/11/98 GJ at 10 (``[S]he liked 
the book of poetry very much.''); Raines 1/29/98 GJ 53-55.
    \162\ Lewinsky 8/6/98 GJ at 27; GJ Exhibit ML-7.
    \163\ Lewinsky 8/26/98 Depo. at 15-16; Lewinsky 8/6/98 GJ at 27; GJ 
Exhibit ML-7; Finerman Depo. 3/18/98 at 13-17; Ungvari 3/19/98 GJ at 
43-44.
---------------------------------------------------------------------------

3. President's Civil Deposition Testimony About Gifts from Monica 
        Lewinsky to the President

    When asked at his civil deposition in the Jones case 
whether Monica Lewinsky had ever given him gifts, President 
Clinton testified as follows:
          Q: Has Monica Lewinsky ever given you any gifts?
          WJC: Once or twice. I think she's given me a book or 
        two.
          Q: Did she give you a silver cigar box?
          WJC: No.
          Q: Did she give you a tie?
          WJC: Yes, she has given me a tie before. I believe 
        that's right. Now, as I said, let me remind you, 
        normally when I get these ties, I get ties, you know, 
        together, and then they're given to me later, but I 
        believe that she has given me a tie.164
---------------------------------------------------------------------------
    \164\ Clinton 1/17/98 Depo. at 76-77 (emphasis added).
---------------------------------------------------------------------------

4. Evidence that Contradicts the President's Testimony

            (i) Monica Lewinsky's Testimony
    The evidence reveals that Ms. Lewinsky gave the President 
approximately 38 gifts; she says she almost always brought a 
gift or two when she visited.165
---------------------------------------------------------------------------
    \165\ Lewinsky 8/6/98 GJ at 27-28, GJ Exhibit ML-7; Lewinsky 7/27/
98 Int. at 12-14.
---------------------------------------------------------------------------
    a. Ms. Lewinsky testified before the grand jury that she 
gave the President six neckties.166
---------------------------------------------------------------------------
    \166\  Lewinsky 8/6/98 GJ at 235-36.
---------------------------------------------------------------------------
    b. Ms. Lewinsky testified that she gave the President a 
pair of sunglasses on approximately October 22, 
1997.167 The President's attorney, David E. Kendall, 
stated in a letter on March 16, 1998: ``We believe that Ms. 
Lewinsky might have given the President a few additional items, 
such as ties and a pair of sunglasses, but we have not been 
able to locate these items.'' 168
---------------------------------------------------------------------------
    \167\ Id. at 27, 150; GJ Exhibit ML-7.
    \168\ V002-DC-00000475 (Letter to OIC, 3/16/98).
---------------------------------------------------------------------------
    c. On November 13, 1997, Ms. Lewinsky gave the President an 
antique paperweight that depicted the White 
House.169 Ms. Lewinsky testified that on December 6, 
1997, and possibly again on December 28, 1997, she saw this 
paperweight in the dining room, where the President keeps many 
items of political memorabilia.170 The President 
turned over the paperweight to the OIC in response to a second 
subpoena calling for it.171
---------------------------------------------------------------------------
    \169\  Lewinsky 8/6/98 GJ at 27; GJ Exhibit ML-7. See also Lewinsky 
7/27/98 Int. at 14.
    \170\ Lewinsky 8/6/98 GJ at 185.
    \171\  Letter from David Kendall to OIC, August 3, 1998.
---------------------------------------------------------------------------
    d. Ms. Lewinsky gave the President at least seven books:
     The Presidents of the United States, on January 4, 
1998; 172
---------------------------------------------------------------------------
    \172\ V002-DC-00000471. Ms. Lewinsky testified that she bought and 
gave the President that book in early January 1998, and that when she 
talked to him on January 5, 1998, he acknowledged that he had received 
the book. Lewinsky 8/6/98 GJ at 189-192. When testifying before the 
grand jury, the President acknowledged receiving ``a particularly nice 
book for Christmas, an antique book on Presidents. She knew that I 
collected old books and it was a very nice thing.'' Clinton 8/17/98 GJ 
at 36.
---------------------------------------------------------------------------
     Our Patriotic President: His Life in Pictures, 
Anecdotes, Sayings, Principles and Biography,173 on 
December 6, 1997; 174
---------------------------------------------------------------------------
    \173\ V002-DC-0000003.
    \174\ Lewinsky 8/6/98 GJ at 27-28, 109; GJ Exhibit ML-7.
---------------------------------------------------------------------------
     an antique book on Peter the Great, on August 16, 
1997; 175
---------------------------------------------------------------------------
    \175\ Id.; Lewinsky 8/6/98 GJ at 26-28; Lewinsky 7/27/98 Int. at 
13. The President did not turn over this antique book in response to a 
subpoena.
---------------------------------------------------------------------------
     The Notebook, on August 16, 1997; 176
---------------------------------------------------------------------------
    \176\ Lewinsky 8/6/98 GJ at 27-28; GJ Exhibit ML-7. The President 
did not produce The Notebook in response to a subpoena.
---------------------------------------------------------------------------
     Oy Vey, in early 1997; 177
---------------------------------------------------------------------------
    \177\ Lewinsky 8/6/98 GJ at 27-28, 182-183; GJ Exhibit ML-7. Ms. 
Lewinsky saw a copy of the book in the President's study in November 
1997. Lewinsky 8/6/98 GJ at 183. White House records list Oy Vey and 
Vox on an October 10, 1997, catalog of books in the West Wing. 1361-DC-
000000029 (Catalog of Books in the West Wing Presidential Study as of 
10 October 1997). The President did not produce Oy Vey in response to a 
subpoena.
---------------------------------------------------------------------------
     a small golf book, in early 1997; 178 
and
---------------------------------------------------------------------------
    \178\ Lewinsky 8/6/98 GJ at 27-28, 183-84; Lewinsky 7/27/98 Int. at 
13; GJ Exhibit ML-7. Ms. Lewinsky testified that she had seen the book 
in the President's study in November 1997. Lewinsky 8/6/98 GJ at 183-
84. The President did not produce this book in response to a subpoena.
---------------------------------------------------------------------------
     her personal copy of Vox, a novel about phone sex, 
on March 29, 1997.179
---------------------------------------------------------------------------
    \179\ Id. at 27-28, 183-84; Lewinsky 7/27/98 Int. at 12-13; GJ 
Exhibit ML-7.
---------------------------------------------------------------------------
    e. Ms. Lewinsky gave the President an antique cigar holder 
on December 6, 1997.180
---------------------------------------------------------------------------
    \180\ Lewinsky 8/6/98 GJ at 26-28; GJ Exhibit ML-7.
---------------------------------------------------------------------------
    f. Ms. Lewinsky testified that she gave the President a 
number of additional gifts.181
---------------------------------------------------------------------------
    \181\ These included a Sherlock Holmes game sometime after 
Christmas 1996; a golf ball and tees on February 28, 1997; after the 
President injured his leg in March 1997, a care package filled with 
whimsical gifts, such as a magnet with the Presidential seal for his 
metal crutches, a license plate with ``Bill'' for his wheelchair, and 
knee pads with the Presidential seal; a Banana Republic casual shirt 
and a puzzle on golf mysteries on May 24, 1997; the card game 
``Royalty'' in mid-August 1997; shortly before Halloween of 1997, a 
package filled with Halloween-related items, such as a pumpkin lapel 
pin, a wooden letter opener with a frog on the handle, and a plastic 
pumpkin filled with candy; and on December 6, 1997, a Starbucks Santa 
Monica mug and a Hugs and Kisses box. Lewinsky 8/6/98 GJ at 27-28; GJ 
Exhibit ML-7; Lewinsky 7/27/97 Int. at 12-15.
---------------------------------------------------------------------------

5. Grand Jury Testimony of the President and Ms. Currie

    When he testified to the grand jury, President Clinton 
acknowledged giving Monica Lewinsky several gifts, stating that 
``it was a right thing to do to give her gifts back.'' 
182 He acknowledged giving her gifts on December 28, 
1997,183 just three weeks before the civil 
deposition.
---------------------------------------------------------------------------
    \182\ Clinton 8/17/98 GJ at 47.
    \183\ Id. at 34-36.
---------------------------------------------------------------------------
    During the criminal investigation, the President has 
produced seven gifts that Ms. Lewinsky gave him. He testified 
to the grand jury that Ms. Lewinsky had given him ``a tie, a 
coffee cup, a number of other things I had.'' 184 In 
addition, the President acknowledged that ``there were some 
things that had been in my possession that I no longer had, I 
believe.'' 185
---------------------------------------------------------------------------
    \184\ Id. at 173 (emphasis added). The President testified that 
``to his knowledge'' he has turned over all the gifts that Ms. Lewinsky 
gave him. Id. at 154-155.
    \185\ Id. at 172-173.
---------------------------------------------------------------------------
    Betty Currie testified that Ms. Lewinsky sent a number of 
packages for the President--six or eight, she 
estimated.186 Ms. Lewinsky also sometimes dropped 
parcels off or had family members do so.187 When the 
packages came to the White House, Ms. Currie would leave the 
packages from Ms. Lewinsky in the President's box outside the 
Oval Office, and ``[h]e would pick [them] up.'' 188 
To the best of her knowledge, such parcels always reached the 
President: ``The President got everything anyone sent him.'' 
189 Ms. Currie testified that to her knowledge, no 
one delivered packages or something as many times as Ms. 
Lewinsky did.190
---------------------------------------------------------------------------
    \186\ Currie 5/6/98 GJ at 88-89; see also id. at 184; Currie 5/14/
98 GJ at 78. Courier receipts show that Ms. Lewinsky sent nine packages 
to Ms. Currie. See 0837-DC-00000001 to 0837-DC-00000027.
    \187\ T1 at 63-64.
    \188\ Currie GJ 5/6/98 at 88-89; see also Currie GJ 5/14/98 at 78.
    \189\ Currie 5/6/98 GJ at 129.
    \190\ Currie 5/14/98 GJ at 145.
---------------------------------------------------------------------------

6. Summary

    The President stated in his civil deposition that he could 
not recall whether he had ever given any gifts to Ms. Lewinsky; 
191 that he could not remember whether he had given 
her a hat pin although ``certainly, I could have''; and that he 
had received a gift from Ms. Lewinsky only ``once or twice.'' 
192 In fact, the evidence demonstrates that they 
exchanged numerous gifts of various kinds at many points over a 
lengthy period of time. Indeed, on December 28, only three 
weeks before the deposition, they had discussed the hat pin. 
Also on December 28, the President had given Ms. Lewinsky a 
number of gifts, more than he had ever given her before.
---------------------------------------------------------------------------
    \191\ In his grand jury testimony, the President said that this 
question at his civil deposition confused him and that he thought that 
the questioner was asking whether he could list specific gifts he had 
given her rather than whether he had ever given Ms. Lewinsky a gift. 
Clinton 8/17/98 GJ at 51-52. Even if that explanation were credited, 
the President's answer to the hat pin question is inaccurate, 
particularly because he had discussed it with Ms. Lewinsky on December 
28, according to her testimony.
    \192\ Clinton 1/17/98 Depo. at 75.
---------------------------------------------------------------------------
    A truthful answer to the questions about gifts at the Jones 
deposition would have raised further questions about the 
President's relationship with Monica Lewinsky. The number 
itself would raise questions about the relationship and prompt 
further questions about specific gifts; some of the specific 
gifts (such as Vox and Leaves of Grass) would raise questions 
whether the relationship was sexual and whether the President 
had lied in denying that their relationship was sexual. Ms. 
Lewinsky explained the point: Had they admitted the gifts, it 
would ``at least prompt [the Jones attorneys] to want to 
question me about what kind of friendship I had with the 
President and they would want to speculate and they'd leak it 
and my name would be trashed and he [the President] would be in 
trouble.'' 193
---------------------------------------------------------------------------
    \193\ Lewinsky 8/6/98 GJ at 167.
---------------------------------------------------------------------------
    A truthful answer about the gifts to Ms. Lewinsky also 
would have raised the question of where they were. Ms. Lewinsky 
had been subpoenaed for gifts, as the President knew. The 
President knew also from his conversation with Ms. Lewinsky on 
December 28, 1997 (an issue discussed more fully in Ground V) 
that Ms. Lewinsky would not produce all of the gifts she had 
received from the President.
    For those reasons, the President had a clear motive when 
testifying under oath to lie about the gifts.

 IV. There is substantial and credible information that the President 
lied under oath during his civil deposition concerning conversations he 
   had with Monica Lewinsky about her involvement in the Jones case.

    President Clinton was asked during his civil deposition 
whether he had discussed with Ms. Lewinsky the possibility of 
her testifying in the Jones case. He also was asked whether he 
knew that she had been subpoenaed at the time he last had 
spoken to her.
    There is substantial and credible information that the 
President lied under oath in answering these questions. A false 
statement about these conversations was necessary in order to 
avoid raising questions whether the President had tampered with 
a prospective witness in the civil lawsuit against him.

  a. conversations with ms. lewinsky regarding the possibility of her 
                      testifying in the jones case

1. President Clinton's Testimony in His Deposition
    In the President's civil deposition, he was asked about any 
discussions he might have had with Monica Lewinsky about the 
Jones case:

          Q: Have you ever talked to Monica Lewinsky about the 
        possibility that she might be asked to testify in this 
        lawsuit?
                [videotape indicates an approximately 14-second 
                pause before answer]
          WJC: I'm not sure, and let me tell you why I'm not 
        sure. It seems to me the, the, the--I want to be as 
        accurate as I can here. Seems to me the last time she 
        was there to see Betty before Christmas we were joking 
        about how you-all [Ms. Jones's attorneys], with the 
        help of the Rutherford Institute, were going to call 
        every woman I'd ever talked to * * * and ask them that, 
        and so I said you [Ms. Lewinsky] would qualify, or 
        something like that. I don't, I don't think we ever had 
        more of a conversation than that about it, but I might 
        have mentioned something to her about it, because when 
        I saw how long the witness list was, or I heard about 
        it, before I saw, but actually by the time I saw it her 
        name was on it, but I think that was after all this had 
        happened. I might have said something like that, so I 
        don't want to say for sure I didn't, because I might 
        have said something like that.

           *       *       *       *       *       *       *

          Q: What, if anything, did Monica Lewinsky say in 
        response?
          WJC: Nothing that I remember. Whatever she said, I 
        don't remember. Probably just some predictable 
        thing.194
---------------------------------------------------------------------------
    \194\ Clinton 1/17/98 Depo. at 70-71 (emphasis added).
---------------------------------------------------------------------------
2. Evidence that Contradicts the President's Civil Deposition Testimony
            (i) Ms. Lewinsky's Testimony
    Ms. Lewinsky testified that she spoke three times to 
President Clinton about the prospect of testifying in the Jones 
lawsuit--once (December 17, 1997) after she was on the witness 
list and twice more (December 28, 1997, and January 5, 1998) 
after she had been subpoenaed.
    a. December 17, 1997, Call. Ms. Lewinsky testified that 
President Clinton called her at about 2:00 a.m. on December 17, 
1997. First, he told her that Ms. Currie's brother had died; 
then he told Ms. Lewinsky that she was on the witness list in 
the Jones case. According to Ms. Lewinsky, ``[h]e told me that 
it didn't necessarily mean that I would be subpoenaed, but that 
that was a possibility, and if I were to be subpoenaed, that I 
should contact Betty and let Betty know that I had received the 
subpoena.'' 195 Ms. Lewinsky said that the President 
told her that she might be able to sign an affidavit to avoid 
being deposed.196 According to Ms. Lewinsky, the 
President also told her, ``You know, you can always say you 
were coming to see Betty or that you were bringing me 
letters.'' 197 Ms. Lewinsky took that statement to 
be a reminder of the false ``cover stories'' that they had used 
earlier in the relationship.198
---------------------------------------------------------------------------
    \195\ Lewinsky 8/6/98 GJ at 123; Lewinsky 8/26/98 Depo. at 57-58; 
Lewinsky 2/1/98 Statement at 4.
    \196\ Lewinsky 8/6/98 GJ at 123-24; Lewinsky 2/1/98 Statement at 4 
(``When asked what to do if she was subpoenaed, the Pres. suggested she 
could sign an affidavit to try to satisfy their inquiry and not be 
deposed.'').
    \197\ Lewinsky 8/6/98 GJ at 123 (emphasis added); Lewinsky 2/1/98 
Statement at 4 (``In general, Ms. L. should say she visited the WH to 
see Ms. Currie and, on occasion when working at the WH, she brought him 
letters when no one else was around.'').
    \198\ Lewinsky 8/6/98 GJ at 123-24.
---------------------------------------------------------------------------
    b. December 28, 1997, Visit. Ms. Lewinsky was subpoenaed on 
December 19. At her request, Vernon Jordan told the President 
that Ms. Lewinsky had been subpoenaed.199 She then 
met with President Clinton nine days later on December 28, less 
than three weeks before the President was deposed.
---------------------------------------------------------------------------
    \199\ Jordan 5/5/98 GJ at 136, 142, 144-45; Lewinsky 8/6/98 GJ at 
133, 135.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, she and the President discussed 
the Jones lawsuit and how the Jones lawyers might have learned 
about her. Ms. Lewinsky said they also discussed the subpoena's 
requirement that she produce gifts she had received from the 
President, including specifically a ``hat pin.'' 200
---------------------------------------------------------------------------
    \200\ Lewinsky 8/6/98 GJ at 151-52; Lewinsky 8/20/98 GJ at 65-66; 
Lewinsky 2/1/98 Statement at 6.
---------------------------------------------------------------------------
    Because of their mutual concern about the subpoena, Ms. 
Lewinsky testified that she asked the President if she should 
put the gifts away somewhere.201 The President 
responded ``I don't know'' or ``Hmm'' or ``Let me think about 
it.'' 202 Later that day, according to Ms. Lewinsky, 
Ms. Currie called to pick up the gifts, which she then stored 
under her bed in her home in Virginia.203 (This 
issue will be discussed more fully in Ground V below.)
---------------------------------------------------------------------------
    \201\ Lewinsky 8/6/98 GJ at 152; Lewinsky 8/20/98 GJ at 66.
    \202\ Lewinsky 8/6/98 GJ at 152; Lewinsky 8/20/98 GJ at 66. See 
also Lewinsky 8/1/98 Int. at 11 (noting that the President said 
something like ``I don't know'' or ``I'll think about it'').
    \203\ Lewinsky 8/6/98 GJ at 154-59. See also Lewinsky 8/1/98 Int. 
at 11-12.
---------------------------------------------------------------------------
    c. January 5, 1998, Call. Ms. Lewinsky also testified that 
she spoke to the President by telephone on January 5, 1998, and 
they continued to discuss her role in the Jones case. Ms. 
Lewinsky expressed concern that, if she were deposed, she might 
have a difficult time explaining the circumstances of her 
transfer from the White House to the Pentagon. According to Ms. 
Lewinsky, the President suggested that she answer by explaining 
that people in the White House Legislative Affairs office had 
helped her get the Pentagon job--which Ms. Lewinsky understood 
to be a misleading answer because she in fact had been 
transferred as a result of her being around the Oval Office too 
much.204
---------------------------------------------------------------------------
    \204\ Lewinsky 8/6/98 GJ at 197.
---------------------------------------------------------------------------
            (ii) The President's Grand Jury Testimony
    When the President testified to the grand jury, the 
President admitted that Ms. Lewinsky visited him on December 
28, 1997,205 and that during that visit, they 
discussed her involvement in the Jones case:
---------------------------------------------------------------------------
    \205\ Clinton 8/17/98 GJ at 33.

          WJC: * * * I remember a conversation about the 
        possibility of her testifying. I believe it must have 
        occurred on the 28th.
                  She mentioned to me that she did not want to 
                testify. So, that's how it came up. Not in the 
                context of, I heard you have a subpoena, let's 
                talk about it.
                  She raised the issue with me in the context 
                of her desire to avoid testifying, which I 
                certainly understood; not only because there 
                were some embarrassing facts about our 
                relationship that were inappropriate, but also 
                because a whole lot of innocent people were 
                being traumatized and dragged through the mud 
                by these Jones lawyers with their dragnet 
                strategy * * *.206
---------------------------------------------------------------------------
    \206\ Id. at 36-37 (emphasis added).

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
          Q: * * * Do you agree that she was upset about being 
        subpoenaed?
          WJC: Oh, yes, sir, she was upset. She--well, she--
        we--she didn't--we didn't talk about a subpoena. But 
        she was upset. She said, I don't want to testify; I 
        know nothing about this; I certainly know nothing about 
        sexual harassment; why do they want me to testify. And 
        I explained to her why they were doing this, and why 
        all these women were on these lists, people that they 
        knew good and well had nothing to do with any sexual 
        harassment.207
---------------------------------------------------------------------------
    \207\ Id. at 39-40 (emphasis added).
---------------------------------------------------------------------------
3. Summary
    There is substantial and credible information that 
President Clinton lied under oath in his civil deposition in 
answering ``I'm not sure'' when asked whether he had talked to 
Ms. Lewinsky about the prospect of her testifying. In fact, he 
had talked to Ms. Lewinsky about it on three occasions in the 
month preceding his civil deposition, as Ms. Lewinsky's 
testimony makes clear.
    The President's motive to lie in his civil deposition on 
this point is evident. Had he admitted talking to Ms. Lewinsky 
about the possibility that she might be asked to testify, that 
would have raised the specter of witness tampering. Such an 
admission likely would have led Ms. Jones's attorneys to 
inquire further into that subject with both the President and 
Ms. Lewinsky. Furthermore, had the President admitted talking 
to Ms. Lewinsky about her testifying, that conversation would 
have attracted public inquiry into the conversation and the 
general relationship between the President and Ms. Lewinsky.
B. There is substantial and credible information that President 
        Clinton lied under oath in his civil deposition when he 
        denied knowing that Ms. Lewinsky had received her 
        subpoena at the time he had last talked to her.

1. Evidence

    In his civil deposition, President Clinton testified that 
the last time he had spoken to Ms. Lewinsky was in December 
1997 (the month before the deposition), ``[p]robably sometime 
before Christmas.'' 208 The President was asked:
---------------------------------------------------------------------------
    \208\ Clinton 1/17/98 Depo. at 68.

          Q: Did [Ms. Lewinsky] tell you she had been served 
        with a subpoena in this case?
          WJC: No. I don't know if she had been. 209
---------------------------------------------------------------------------
    \209\ Id. (emphasis added).

    Vernon Jordan testified that he had told the President 
about the subpoena on December 19, 1997, after he had talked to 
Ms. Lewinsky. Ms. Lewinsky confirmed that Mr. Jordan had told 
her on December 22, 1997, that he (Mr. Jordan) had told the 
President of her subpoena. 210
---------------------------------------------------------------------------
    \210\ Jordan 5/5/98 GJ at 144; Lewinsky 8/6/98 GJ at 138-39.
---------------------------------------------------------------------------
    When he testified to the grand jury, the President stated 
that in his conversation with Ms. Lewinsky on December 28, 
1997, ``my recollection is I knew by then, of course, that she 
had gotten a subpoena. And I knew that she was, therefore * * * 
slated to testify.'' 211
---------------------------------------------------------------------------
    \211\ Clinton 8/17/98 GJ at 36 (emphasis added).
---------------------------------------------------------------------------
    Ms. Lewinsky testified that she and the President had two 
conversations after she was subpoenaed: the December 28, 1997, 
meeting and a January 5, 1998, phone conversation. 
212
---------------------------------------------------------------------------
    \212\ Lewinsky 8/6/98 GJ at 149-153, 191-192, 195-198; Lewinsky 8/
20/98 GJ at 35-36, 47, 49, 65-66.
---------------------------------------------------------------------------

2. Summary

    There is substantial and credible information that the 
President lied under oath in his civil deposition by answering 
``I don't know if she had been'' subpoenaed when describing his 
last conversation with Ms. Lewinsky. In fact, he knew that she 
had been subpoenaed. Given that the conversation with Ms. 
Lewinsky occurred in the few weeks immediately before the 
President's civil deposition, he could not have forgotten the 
conversation. As a result, there is no plausible conclusion 
except that the President intentionally lied in this answer.
    During the civil deposition, the President also falsely 
dated his last conversation with Ms. Lewinsky as ``probably 
sometime before Christmas,'' which implied that it might have 
been before the December 19 subpoena. Because Ms. Lewinsky had 
been subpoenaed on December 19, that false statement about the 
date of the conversation was a corollary to his other false 
statement (that he did not know she had been subpoenaed at the 
time of their last conversation).
    The President's motive to lie in his civil deposition on 
the subpoena issue is evident. Had he admitted talking to Ms. 
Lewinsky after her subpoena, that would have raised the specter 
of witness tampering, which could have triggered legal and 
public scrutiny of the President.

V. There is substantial and credible information that President Clinton 
endeavored to obstruct justice by engaging in a pattern of activity to 
 conceal evidence regarding his relationship with Monica Lewinsky from 
     the judicial process in the Jones case. The pattern included:

          (i) concealment of gifts that the President had given 
        Ms. Lewinsky and that were subpoenaed from Ms. Lewinsky 
        in the Jones case; and
          (ii) concealment of a note sent by Ms. Lewinsky to 
        the President on January 5, 1998.

    From the beginning, President Clinton and Monica Lewinsky 
hoped and expected that their relationship would remain secret. 
They took active steps, when necessary, to conceal the 
relationship. The President testified that ``I hoped that this 
relationship would never become public.'' 213
---------------------------------------------------------------------------
    \213\ Clinton 8/17/98 GJ at 106.
---------------------------------------------------------------------------
    Once the discovery process in the Jones case became an 
issue (particularly after the Supreme Court's unanimous 
decision on May 27, 1997, that ordered the case to go forward), 
their continuing efforts to conceal the relationship took on 
added legal significance. The risks to the President of 
disclosure of the relationship dramatically increased.
    An effort to obstruct justice by withholding the truth from 
the legal process--whether by lying under oath, concealing 
documents, or improperly influencing a witness's testimony--is 
a federal crime.214 There is substantial and 
credible information that President Clinton engaged in such 
efforts to prevent the truth of his relationship with Monica 
Lewinsky from being revealed in the Jones case.
---------------------------------------------------------------------------
    \214\ See 18 U.S.C. Sec. Sec. 1503, 1512, 1621.
---------------------------------------------------------------------------

                        a. concealment of gifts

1. Evidence Regarding Gifts
    Ms. Lewinsky testified that in the early morning of 
December 17, at roughly 2:00 or 2:30 a.m., she received a call 
from the President.215 Among other subjects, the 
President mentioned that he had Christmas presents for 
her.216
---------------------------------------------------------------------------
    \215\ Lewinsky 8/6/98 GJ at 121-26.
    \216\ Id. at 126; Lewinsky 8/20/98 GJ at 70.
---------------------------------------------------------------------------
    On December 19, 1997, Monica Lewinsky was served with a 
subpoena in connection with the Jones v. Clinton litigation. 
The subpoena required her to testify at a deposition on January 
23, 1998.217 The subpoena also required Ms. Lewinsky 
to produce ``each and every gift including, but not limited to, 
any and all dresses, accessories, and jewelry, and/or hat pins 
given to you by, or on behalf of, Defendant Clinton.'' 
218 After being served with the subpoena, Ms. 
Lewinsky became concerned because the list of gifts included 
the hat pin, which ``screamed out at me because that was the 
first gift that the President had given me.'' 219
---------------------------------------------------------------------------
    \217\ 920-DC-00000013-18.
    \218\ 920-DC-00000018.
    \219\ Lewinsky 8/6/98 GJ at 132.
---------------------------------------------------------------------------
    Later that same day, December 19, 1997, Ms. Lewinsky met 
with Vernon Jordan and told him of her concern about the gifts, 
including the hat pin.220 During that meeting, Ms. 
Lewinsky asked Mr. Jordan to inform the President that she had 
been subpoenaed.221 Mr. Jordan acknowledged that Ms. 
Lewinsky ``was concerned about the subpoena and I think for her 
the subpoena ipso facto meant trouble.'' 222
---------------------------------------------------------------------------
    \220\ Id. at 132.
    \221\ Id. at 133.
    \222\ Jordan 3/3/98 GJ at 159. Mr. Jordan stated that Ms. Lewinsky 
was crying both on the telephone earlier that day and then again in his 
office. Id. at 149-150.
---------------------------------------------------------------------------
    Shortly after Christmas, Ms. Lewinsky called Ms. Currie and 
said that the President had mentioned that he had presents for 
her.223 Ms. Currie called back and told her to come 
to the White House at 8:30 a.m. on Sunday, December 28, 
1997.224 On December 28, Ms. Lewinsky and the 
President met in the Oval Office. According to her testimony, 
Ms. Lewinsky ``mentioned that [she] had been concerned about 
the hat pin being on the subpoena and he said that that had 
sort of concerned him also and asked [her] if [she] had told 
anyone that he had given [her] this hat pin and [she] said 
no.'' 225 According to Ms. Lewinsky, she and the 
President discussed the possibility of moving some of the gifts 
out of her possession:
---------------------------------------------------------------------------
    \223\ Lewinsky 8/6/98 GJ at 149.
    \224\ Id. at 149.
    \225\ Id. at 152. This statement was false. Ms. Lewinsky had ``in 
fact * * * told people about the hat pin.'' Id.

          [A]t some point I said to him, ``Well, you know, 
        should I--maybe I should put the gifts away outside my 
        house somewhere or give them to someone, maybe Betty.'' 
        And he sort of said--I think he responded, ``I don't 
        know'' or ``Let me think about that.'' And [we] left 
        that topic.226
---------------------------------------------------------------------------
    \226\ Id. at 152. In a later grand jury appearance, Ms. Lewinsky 
again described the conversation, and said ``I don't remember his 
response. I think it was something like, 'I don't know,' or 'Hmm' or--
there really was no response.'' Lewinsky 8/20/98 GJ at 66.

Ms. Lewinsky testified that she was never under the impression 
from anything the President said that she should turn over to 
Ms. Jones's attorneys all the gifts that he had given 
her.227
---------------------------------------------------------------------------
    \227\ Lewinsky 8/26/98 Depo. at 58.
---------------------------------------------------------------------------
    On the 28th, the President also gave Ms. Lewinsky several 
Christmas gifts. When asked why the President gave her more 
gifts on December 28 when he understood she was under an 
obligation to produce gifts in response to the subpoena, Ms. 
Lewinsky stated:

          You know, I can't answer what [the President] was 
        thinking, but to me, it was--there was never a question 
        in my mind and I--from everything he said to me, I 
        never questioned him, that we were never going to do 
        anything but keep this private, so that meant deny it 
        and that meant do--take whatever appropriate steps 
        needed to be taken, you know, for that to happen * * * 
        . So by turning over all these gifts, it would at least 
        prompt [the Jones attorneys] to want to question me 
        about what kind of friendship I had with the President 
        and they would want to speculate and they'd leak it and 
        my name would be trashed and he [the President] would 
        be in trouble.228
---------------------------------------------------------------------------
    \228\ Lewinsky 8/6/98 GJ at 166-67 (emphasis added).

    Ms. Lewinsky testified that a few hours after their meeting 
on December 28, 1997, Ms. Currie called her.229 
According to Ms. Lewinsky, Ms. Currie said: `` `I understand 
you have something to give me.' Or, `The President said you 
have something to give me'--[Something] [a]long those lines.'' 
230 In her February 1 handwritten statement to the 
OIC, which Ms. Lewinsky has testified was truthful, she stated: 
``Ms. Currie called Ms. L later that afternoon a[nd] said that 
the Pres. had told her [that] Ms. L wanted her to hold onto 
something for her. Ms. L boxed up most of the gifts she had 
received and gave them to Ms. Currie.'' 231
---------------------------------------------------------------------------
    \229\ Id. at 154; Lewinsky 8/20/98 GJ at 71.
    \230\ Lewinsky 8/6/98 GJ at 154-55.
    \231\ Lewinsky 2/1/98 Statement at 7 (emphasis added); see also 
Lewinsky 8/6/98 GJ at 179; Lewinsky 8/20/98 GJ at 62 (``I was truthful 
in my [February 1] proffer'').
---------------------------------------------------------------------------
    Ms. Lewinsky testified that she understood that Ms. Currie 
was referring to gifts from the President when she mentioned 
``something for me.'' 232 Ms. Lewinsky testified 
that she was not surprised to receive the call, given her 
earlier discussion with the President.233
---------------------------------------------------------------------------
    \232\ Lewinsky 8/6/98 GJ at 155.
    \233\ Id. at 154.
---------------------------------------------------------------------------
    Ms. Currie testified that Ms. Lewinsky, not Ms. Currie, 
placed the call and raised the subject of transferring the 
gifts. In Ms. Currie's account, Ms. Lewinsky said that she (Ms. 
Lewinsky) was uncomfortable retaining the gifts herself because 
``people were asking questions about the stuff she had 
gotten.'' 234 Ms. Currie also testified that she did 
not remember the President telling her that Ms. Lewinsky wanted 
her to hold some items, and she did not remember later telling 
the President that she was holding the gifts for Ms. 
Lewinsky.235 When asked if a contrary statement by 
Ms. Lewinsky--indicating that Ms. Currie had in fact spoken to 
the President about the gift transfer--would be false, Ms. 
Currie replied: ``Then she may remember better than I. I don't 
remember.'' 236
---------------------------------------------------------------------------
    \234\ Currie 1/27/98 GJ at 57-58.
    \235\ Currie 5/6/98 GJ at 105-06.
    \236\ Id. at 126 (emphasis added).
---------------------------------------------------------------------------
    According to both Ms. Currie and Ms. Lewinsky, Ms. Currie 
drove to Ms. Lewinsky's home later on December 28 for only the 
second time in her life.237 Ms. Lewinsky gave her a 
sealed box that contained several gifts Ms. Lewinsky had 
received from the President, including the hat pin and one of 
the gifts he had given her that very morning.238 Ms. 
Lewinsky wrote ``Please do not throw away'' on the 
box.239 Ms. Currie then took the box and placed it 
in her home under her bed. Ms. Currie understood that the box 
contained gifts from the President, although she did not know 
the specific contents.240 Ms. Lewinsky said that Ms. 
Currie did not seem at all confused when Ms. Lewinsky handed 
over the box of gifts 241 and never asked about the 
contents.242
---------------------------------------------------------------------------
    \237\ Id. at 108.
    \238\ Lewinsky 8/6/98 GJ at 156-58.
    \239\ Id. at 158.
    \240\ Currie 5/6/98 GJ at 105, 107-08.
    \241\ Lewinsky 8/20/98 GJ at 72-73.
    \242\ Lewinsky 8/6/98 GJ at 158.
---------------------------------------------------------------------------
    When Ms. Currie later produced the box to the OIC in 
response to a subpoena, the box contained a hat pin, two 
brooches, an inscribed official copy of the 1996 State of the 
Union Address, a photograph of the President in the Oval 
Office, an inscribed photograph of the President and Ms. 
Lewinsky, a sun dress, two t-shirts, and a baseball cap with a 
Black Dog logo.243
---------------------------------------------------------------------------
    \243\ FBI Receipt for Property Received, 1/23/98; 824-DC-00000001-2 
(letter from Karl Metzner, attorney for Betty Currie, dated 1/23/98, to 
the OIC, listing items in the box).
---------------------------------------------------------------------------

2. The President's Grand Jury Testimony

    President Clinton testified that he had spoken to Ms. 
Lewinsky about gifts he had given her, but said the 
conversation may have occurred before she received the subpoena 
on December 19. He testified:

          I did have a conversation with Ms. Lewinsky at some 
        time about gifts, the gifts I'd given her. I do not 
        know whether it occurred on the 28th, or whether it 
        occurred earlier. I do not know whether it occurred in 
        person or whether it occurred on the telephone. I have 
        searched my memory for this, because I know it's an 
        important issue. * * * The reason I'm not sure it 
        happened on the 28th is that my recollection is that 
        Ms. Lewinsky said something to me like, what if they 
        ask me about the gifts you've given me. That's the 
        memory I have. That's why I question whether it 
        happened on the 28th, because she had a subpoena with 
        her, request for production. And I told her that if 
        they asked her for gifts, she'd have to give them 
        whatever she had, that that's what the law 
        was.244
---------------------------------------------------------------------------
    \244\ Clinton 8/17/98 GJ at 43-44 (emphasis added). In his grand 
jury testimony, the President repeated this ``whatever you have'' 
language several times. Id. at 45, 46-47, 115.

    The President denied that he had asked Betty Currie to pick 
up a box of gifts from Ms. Lewinsky:
          Q: After you gave her the gifts on December 28th 
        [1997], did you speak with your secretary, Ms. Currie, 
        and ask her to pick up a box of gifts that were some 
        compilation of gifts that Ms. Lewinsky would have----
          WJC: No, sir, I didn't do that.
          Q: ----to give to Ms. Currie?
          WJC: I did not do that.245
---------------------------------------------------------------------------
    \245\ Id. at 51.

           *       *       *       *       *       *       *

---------------------------------------------------------------------------
          Q: [D]id you ever have a conversation with Betty 
        Currie about gifts, or picking something up from Monica 
        Lewinsky?
          WJC: I don't believe I did, sir. No.
          Q: You never told her anything to this effect, that 
        Monica has something to give you?
          WJC: No, sir.246
---------------------------------------------------------------------------
    \246\ Id. at 114-15.
---------------------------------------------------------------------------

3. Summary of Gifts

    The uncontroverted evidence demonstrates that the President 
had given gifts to Ms. Lewinsky before December 28, 1997; that 
the President told Ms. Lewinsky on the phone on December 17, 
1997, that he had more gifts for her; that Ms. Lewinsky met 
with the President at the White House on December 28; that on 
the 28th, Ms. Lewinsky was concerned about retaining possession 
of the gifts the President had previously given her because 
they were under subpoena; that on the 28th, the President gave 
several Christmas gifts to Ms. Lewinsky; and that after that 
meeting, Ms. Lewinsky transferred some gifts (including one of 
the new gifts) to the President's personal secretary, Ms. 
Currie, who stored them under her bed in her home.
    Ms. Lewinsky testified that she spoke to the President on 
December 28 about the gifts called for by the subpoena--in 
particular, the hat pin. The President agreed that they talked 
about gifts, but suggested that the conversation might have 
taken place before Ms. Lewinsky was subpoenaed on December 19. 
The President said, however, that his memory is unclear on the 
timing.247
---------------------------------------------------------------------------
    \247\ Id. at 46-47.
---------------------------------------------------------------------------
    The testimony conflicts as to what happened when Ms. 
Lewinsky raised the subject of gifts with the President and 
what happened later that day. The President testified that he 
told Ms. Lewinsky that ``you have to give them whatever you 
have.'' 248 According to Ms. Lewinsky, she raised 
the possibility of hiding the gifts, and the President offered 
a somewhat neutral response.
---------------------------------------------------------------------------
    \248\ Id. at 46.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that Betty Currie called her to 
retrieve the gifts soon after Ms. Lewinsky's conversation with 
the President. Ms. Currie says that she believes that Ms. 
Lewinsky called her about the gifts, but she says she has a dim 
memory of the events.249
---------------------------------------------------------------------------
    \249\ Ms. Currie testified that she was taking St. John's Wort to 
try to remember, but it was not helping. Currie 7/22/98 GJ at 172.
---------------------------------------------------------------------------
    The central factual question is whether the President 
orchestrated or approved the concealment of the gifts. The 
reasonable inference from the evidence is that he did.
    1. The witnesses disagree about whether Ms. Currie called 
Ms. Lewinsky or Ms. Lewinsky called Ms. Currie. That issue is 
relevant because Ms. Currie would not have called Ms. Lewinsky 
about the gifts unless the President directed her to do so. 
Indeed, because she did not know of the gifts issue, there is 
no other way that Ms. Currie could have known to make such a 
call unless the President told her to do so.
    Ms. Lewinsky's testimony on the issue is consistent and 
unequivocal. In her February 1, 1998, handwritten statement, 
she wrote: ``Ms. Currie called Ms. L later that afternoon a[nd] 
said that the Pres. had told her Ms. L wanted her to hold onto 
something for her.'' 250 In her grand jury 
testimony, Ms. Lewinsky said that several hours after she left 
the White House, Ms. Currie called and said something along the 
lines of ``The President said you have something to give me.'' 
251
---------------------------------------------------------------------------
    \250\ Lewinsky 2/1/98 Statement at 7 (emphasis added).
    \251\ Lewinsky 8/6/98 GJ at 154-55; see also Lewinsky 8/20/98 GJ at 
70-72.
---------------------------------------------------------------------------
    Ms. Currie's testimony is contrary but less clear. Ms. 
Currie has stated that Ms. Lewinsky called her, but her memory 
of the conversation, in contrast to Ms. Lewinsky's, generally 
has been hazy and uncertain. As to whether she had talked to 
the President about the gifts, for example, Ms. Currie 
initially said she had not, but then said that Ms. Lewinsky 
(who said that Ms. Currie had talked to the President) ``may 
remember better than I. I don't remember.'' 252
---------------------------------------------------------------------------
    \252\ Currie 5/6/98 GJ at 126.
---------------------------------------------------------------------------
    Ms. Lewinsky's testimony makes more sense than Ms. Currie's 
testimony. First, Ms. Lewinsky stated that if Ms. Currie had 
not called, Ms. Lewinsky simply would have kept the gifts (and 
perhaps thrown them away). 253 She would not have 
produced the gifts to Ms. Jones's attorneys. And she would not 
have given them to a friend or mother because she did not want 
to get anyone else involved. 254 She was not looking 
for someone else to take them. 255
---------------------------------------------------------------------------
    \253\ Lewinsky 9/3/98 Int. at 2.
    \254\ Id.
    \255\ Id. In addition, under her immunity agreement, Ms. Lewinsky 
has no apparent motive to shift blame on this issue. In fact, just the 
opposite. If the truth were that she had called Ms. Currie, she could 
have said as much, and it would not have affected Ms. Lewinsky's legal 
rights or obligations at all. Moreover, she stated that does not want 
to harm the President with her truthful testimony. Lewinsky 8/26/98 
Depo. at 69.
---------------------------------------------------------------------------
    Also, Ms. Currie drove to Ms. Lewinsky's house to pick up 
the gifts. That was only the second time that Ms. Currie had 
ever gone there. 256 More generally, the person 
making the extra effort (in this case, Ms. Currie) is 
ordinarily the person requesting the favor.
---------------------------------------------------------------------------
    \256\ Currie 5/6/98 GJ at 108.
---------------------------------------------------------------------------
    2. Even if Ms. Lewinsky is mistaken and she did call Ms. 
Currie first, the evidence still leads clearly to the 
conclusion that the President orchestrated this transfer.
    First, it is unlikely that Ms. Lewinsky would have involved 
Ms. Currie in this matter unless the President had indicated 
his assent when Ms. Lewinsky raised the issue with him earlier 
in the day. Indeed, there is a logical flaw in the President's 
story: If the President had truly suggested that Ms. Lewinsky 
produce the gifts to Ms. Jones's attorneys, Ms. Lewinsky 
obviously would not have turned around and called the 
President's personal secretary to give the gifts to her, in 
direct contravention of the President's instruction.
    Second, it also is unlikely that Ms. Currie would have 
driven to Ms. Lewinsky's home, retrieved the gifts from Ms. 
Lewinsky, and stored them under her bed at home without being 
asked to do so by the President--at least, without checking 
with him. It would have been out of character for Ms. Currie to 
have taken such an action without the President's approval. For 
example, when helping Ms. Lewinsky in her job search, Ms. 
Currie said that she told the President of her plans and agreed 
that she ``would not have tried to get Ms. Lewinsky a job if * 
* * [I] thought the President didn't want [me] to.'' 
257
---------------------------------------------------------------------------
    \257\ Currie 5/6/98 GJ at 32; see also id. at 44, 45.
---------------------------------------------------------------------------
    3. Even if the President did not orchestrate the transfer 
to Ms. Currie, there is still substantial evidence that he 
encouraged the concealment and non-production of the gifts by 
Ms. Lewinsky. The President ``hoped that this relationship 
would never become public.'' 258 The President gave 
Ms. Lewinsky new gifts on December 28, 1997. Given his desire 
to conceal the relationship, it makes no sense that the 
President would have given Ms. Lewinsky more gifts on the 28th 
unless he and Ms. Lewinsky understood that she would not 
produce all of her gifts in response to her subpoena.
---------------------------------------------------------------------------
    \258\ Clinton 8/17/98 GJ at 106.
---------------------------------------------------------------------------
    4. The President had a motive to orchestrate the 
concealment of gifts, whether accomplished through Ms. Currie 
indirectly or through Ms. Lewinsky directly. The President knew 
that Ms. Lewinsky was concerned about the subpoena. Both of 
them were concerned that the gifts might raise questions about 
the relationship. By confirming that the gifts would not be 
produced, the President ensured that these questions would not 
arise.
    The concealment of the gifts also ensured that the 
President could provide false and misleading statements about 
the gifts under oath at his deposition (as he did) without 
being concerned that Ms. Lewinsky might have produced gifts 
that the President was denying (or minimizing the number of). 
If Ms. Lewinsky had produced to Ms. Jones's attorneys all of 
the gifts that she had given to Ms. Currie, then the President 
could not plausibly have said ``I don't recall'' in response to 
the question, ``[H]ave you ever given any gifts to Monica 
Lewinsky?'' He could not have said, ``I don't remember a 
specific gift.'' 259 Indeed, unless the President 
knew that Ms. Lewinsky had not complied with the subpoena, it 
is unlikely he would have risked lying about the number and 
nature of the gifts he had given her.
---------------------------------------------------------------------------
    \259\ Clinton 1/17/98 Depo. at 75.
---------------------------------------------------------------------------
    In analyzing the evidence on this issue, it also bears 
mention that President Clinton likely operated no differently 
with respect to the gifts than he did with respect to 
testimony. It is clear that he lied under oath and that Ms. 
Lewinsky filed a false affidavit after the President suggested 
she file an affidavit. So there is little reason that he would 
not have attempted to ensure (whether directly or subtly) that 
Ms. Lewinsky conceal the gifts as a corollary to their mutual 
lies under oath. (Also, it was the President's pattern to use 
Ms. Currie as an intermediary in dealing with Ms. 
Lewinsky.260)
---------------------------------------------------------------------------
    \260\ Lewinsky 8/20/98 GJ at 5 (Ms. Lewinsky could not visit the 
President unless Ms. Currie cleared her in); see also Lewinsky 7/31/98 
Int. at 4-5 (Currie was ``in the loop'' when it came to keeping 
Lewinsky's relationship with the President discreet); Currie GJ 5/6/98 
at 14-15, 57-58, 97-98.
---------------------------------------------------------------------------
    The President's apparent response to all of this is that 
Ms. Lewinsky on her own contacted Ms. Currie and involved her 
in this endeavor to hide subpoenaed evidence, and that Ms. 
Currie complied without checking with the President. Based on 
the testimony and behavior of both Ms. Currie and Ms. Lewinsky, 
those inferences fall outside the range of reasonable 
possibility.
    There is substantial and credible information, therefore, 
that the President endeavored to obstruct justice by 
participating in the concealment of subpoenaed evidence.

               B. January 5, 1998, Note to the President

1. Evidence Regarding the January 5, 1998 Note

    On December 16, 1997, the President was served by Ms. 
Jones's attorneys with a request for production of documents, 
including documents relating to ``Monica Lewisky'' [sic]. The 
request placed upon the President a continuing obligation to 
preserve and produce responsive documents. Notes and letters 
from Ms. Lewinsky were responsive and relevant.
    On January 4, 1998, Ms. Lewinsky left a book for the 
President with Ms. Currie.261 Ms. Lewinsky had 
enclosed in the book a romantic note that she had written, 
inspired by a recent viewing of the movie 
Titanic.262 In the note, Ms. Lewinsky told the 
President that she wanted to have sexual intercourse with him, 
at least once.263
---------------------------------------------------------------------------
    \261\ Lewinsky 8/6/98 GJ at 189-91, 197-98.
    \262\ Id. at 189, 198.
    \263\ Lewinsky 9/3/98 Int. at 2.
---------------------------------------------------------------------------
    On January 5, in the course of discussing her affidavit and 
possible testimony in a phone conversation with the President, 
Ms. Lewinsky says she told the President, ``I shouldn't have 
written some of those things in the note.'' 264 
According to Ms. Lewinsky, the President said that he agreed 
and that she should not write those kinds of things on 
paper.265
---------------------------------------------------------------------------
    \264\ Lewinsky 8/6/98 GJ at 198.
    \265\ Id.
---------------------------------------------------------------------------
    On January 15, President Clinton served responses to Ms. 
Jones's second set of document requests, which again asked for 
documents that related to ``Monica Lewisky.'' The President 
stated that he had ``no documents'' responsive to this 
request.266
---------------------------------------------------------------------------
    \266\ V0002-DC-0000093-116.
---------------------------------------------------------------------------

2. President Clinton's Testimony

    The President remembered the book Ms. Lewinsky had given 
him about the Presidents and testified that he ``did like it a 
lot.'' 267 President Clinton testified that he did 
not recall a romantic note enclosed in the book or when he had 
received it.268
---------------------------------------------------------------------------
    \267\ Clinton 8/17/98 GJ at 127.
    \268\ Id. at 49-50.
---------------------------------------------------------------------------

3. Summary on January 5, 1998, Note

    The request for production of documents that the President 
received from Ms. Jones's attorneys called for all documents 
reflecting communications between him and Ms. Lewinsky. The 
note given to him by Ms. Lewinsky on January 5, 1998, fell 
within that category and would have been revealing about the 
relationship. Indeed, had the note been produced, the President 
might have been foreclosed from denying a sexual relationship 
at his deposition. Based on Ms. Lewinsky's testimony, there is 
substantial and credible information that the President 
concealed or destroyed this note at a time when such documents 
were called for by the request for production of 
documents.269
---------------------------------------------------------------------------
    \269\ President Clinton also committed perjury before the grand 
jury if he was involved in the concealment of the gifts.

         VI. There is substantial and credible information that

(i) President Clinton and Ms. Lewinsky had an understanding 
        that they would lie under oath in the Jones case about 
        their relationship; and
(ii) President Clinton endeavored to obstruct justice by 
        suggesting that Ms. Lewinsky file an affidavit so that 
        she would not be deposed, she would not contradict his 
        testimony, and he could attempt to avoid questions 
        about Ms. Lewinsky at his deposition.
    Based on their conversations and their past practice, both 
the President and Ms. Lewinsky understood that they would lie 
under oath in the Jones case about their sexual relationship, 
as part of a scheme to obstruct justice in the Jones case. In 
pursuing this effort:
           the President suggested that Monica Lewinsky 
        file an affidavit, which he knew would be false;
           the President had an interest in Ms. 
        Lewinsky's false affidavit because it would ``lock in'' 
        her testimony, allowing the President to deny the 
        sexual relationship under oath without fear of 
        contradiction;
           Ms. Lewinsky signed and, on January 16, sent 
        to the Court the false affidavit denying a sexual 
        relationship with the President as part of a motion to 
        quash her deposition subpoena;
           the President's attorney used the affidavit 
        to object to questions about Ms. Lewinsky at his 
        January 17 deposition; and
           when that failed, the President also lied 
        under oath about the relationship with Ms. Lewinsky at 
        his civil deposition, including by the use of ``cover 
        stories'' that he and Ms. Lewinsky had devised.

          a. evidence regarding affidavit and use of affidavit

    Monica Lewinsky testified that President Clinton called her 
at around 2:00 or 2:30 a.m. on December 17, 1997,270 
and told her that her name was on the Jones case witness 
list.271 As noted in her February 1 handwritten 
statement: ``When asked what to do if she was subpoenaed, the 
Pres. suggested she could sign an affidavit.* * *'' 
272 Ms. Lewinsky said she is ``100% sure'' that the 
President suggested that she might want to sign an 
affidavit.273
---------------------------------------------------------------------------
    \270\ Lewinsky 8/6/98 GJ at 121-22.
    \271\ Id. at 122-23.
    \272\ Lewinsky 2/1/98 Statement at 4.
    \273\ Lewinsky 8/19/98 Int. at 4-5; see also Lewinsky 8/6/98 GJ at 
123.
---------------------------------------------------------------------------
    Ms. Lewinsky understood the President's advice to mean that 
she might be able to execute an affidavit that would not 
disclose the true nature of their relationship. In order ``to 
prevent me from being deposed,'' she said she would need an 
affidavit that ``could range from anywhere between maybe just 
somehow mentioning, you know, innocuous things or going as far 
as maybe having to deny any kind of relationship.'' 
274
---------------------------------------------------------------------------
    \274\ Id. at 124.
---------------------------------------------------------------------------
    Ms. Lewinsky has stated that the President never explicitly 
told her to lie. Instead, as she explained, they both 
understood from their conversations that they would continue 
their pattern of covering up and lying about the relationship. 
In that regard, the President never said they must now tell the 
truth under oath; to the contrary, as Ms. Lewinsky stated:

          [I]t wasn't as if the President called me and said, 
        ``You know, Monica, you're on the witness list, this is 
        going to be really hard for us, we're going to have to 
        tell the truth and be humiliated in front of the entire 
        world about what we've done,'' which I would have 
        fought him on probably. That was different. And by him 
        not calling me and saying that, you know, I knew what 
        that meant.275
---------------------------------------------------------------------------
    \275\ Id. at 234 (emphasis added).

    Ms. Jones's lawyers served Ms. Lewinsky with a subpoena on 
December 19, 1997. Ms. Lewinsky contacted Vernon Jordan, who in 
turn put her in contact with attorney Frank 
Carter.276 Based on the information that Ms. 
Lewinsky provided, Mr. Carter prepared an affidavit which 
stated: ``I have never had a sexual relationship with the 
President.'' 277
---------------------------------------------------------------------------
    \276\ Id. at 145-48.
    \277\ Lewinsky Affidavit, Jan. 7, 1998, para. 8 (849-DC-00000634).
---------------------------------------------------------------------------
    After Mr. Carter drafted the affidavit, Ms. Lewinsky spoke 
to the President by phone on January 5th.278 She 
asked the President if he wanted to see the draft affidavit. 
According to Ms. Lewinsky, the President replied that he did 
not need to see it because he had already ``seen 15 others.'' 
279
---------------------------------------------------------------------------
    \278\  Ms. Lewinsky spoke to one of her friends, Catherine Allday 
Davis in early January. Ms. Lewinsky informed her of her situation. Ms. 
Davis said that ``I was very scared for her'' and ``I didn't want to 
see her being like Susan McDougal.'' Catherine Davis 3/17/98 GJ at 80. 
Ms. Davis said that she did not want Monica ``to lie to protect the 
President.'' Id. at 173.
    \279\ Lewinsky 2/1/98 Statement at 9; see also Lewinsky 8/19/98 
Int. at 4.
---------------------------------------------------------------------------
    Mr. Jordan confirmed that President Clinton knew that Ms. 
Lewinsky planned to execute an affidavit denying a sexual 
relationship.280 Mr. Jordan further testified that 
he informed President Clinton when Ms. Lewinsky signed the 
affidavit.281 Ms. Lewinsky's affidavit was sent to 
the federal court in Arkansas on January 16, 1998--the day 
before the President's deposition--as part of her motion to 
quash the deposition subpoena.
---------------------------------------------------------------------------
    \280\ Jordan 5/5/98 GJ at 223-25.
    \281\ Id. at 223-25.
---------------------------------------------------------------------------
    Two days before the President's deposition, his lawyer, 
Robert Bennett, obtained a copy of Ms. Lewinsky's affidavit 
from Mr. Carter.282 At the President's deposition, 
Ms. Jones's counsel asked questions about the President's 
relationship with Ms. Lewinsky. Mr. Bennett objected to the 
``innuendo'' of the questions, noting that Ms. Lewinsky had 
signed an affidavit denying a sexual relationship, which 
according to Mr. Bennett, indicated that ``there is absolutely 
no sex of any kind in any manner, shape or form.'' 
283 Mr. Bennett said that the President was ``fully 
aware of Ms. Lewinsky's affidavit.'' 284 Mr. Bennett 
affirmatively used the affidavit in an effort to cut off 
questioning. The President said nothing--even though, as he 
knew, the affidavit was false. Judge Wright overruled the 
objection and allowed the questioning to continue.
---------------------------------------------------------------------------
    \282\ Carter 6/18/98 GJ at 113.
    \283\ Clinton 1/17/98 Depo. at 54.
    \284\ Id. at 54.
---------------------------------------------------------------------------
    Later, Mr. Bennett read Ms. Lewinsky's affidavit denying a 
``sexual relationship'' to the President and asked him: ``Is 
that a true and accurate statement as far as you know it?'' The 
President answered: ``That is absolutely true.'' 285
---------------------------------------------------------------------------
    \285\ Id. at 204 (emphasis added).
---------------------------------------------------------------------------

             B. Summary of President's Grand Jury Testimony

    The President told the grand jury: ``[D]id I hope [Ms. 
Lewinsky would] be able to get out of testifying on an 
affidavit? Absolutely. Did I want her to execute a false 
affidavit? No, I did not.'' 286 The President did 
not explain how a full and truthful affidavit--for example, an 
affidavit admitting that they engaged in oral sex and that 
Vernon Jordan had been involved, at the President's request, in 
late 1997 and early 1998 in obtaining Ms. Lewinsky a job--would 
have helped her avoid a deposition.
---------------------------------------------------------------------------
    \286\ Clinton 8/17/98 GJ at 120. See also id. at 82 (``I was glad 
she saw a lawyer. I was glad she was doing an affidavit.'').
---------------------------------------------------------------------------
    When questioned about his phone conversation with Ms. 
Lewinsky on December 17, 1997--during which the President 
suggested filing an affidavit--the President testified that he 
did not remember exactly what he had said.287 The 
President also maintained that Ms. Lewinsky's affidavit, as it 
ultimately was filed denying a ``sexual relationship,'' was not 
necessarily inaccurate. He testified that, depending on Ms. 
Lewinsky's state of mind, her statement denying a sexual 
relationship could have been true.
---------------------------------------------------------------------------
    \287\ Clinton 8/17/98 GJ at 117.

          I believe at the time that she filled out this 
        affidavit, if she believed that the definition of 
        sexual relationship was two people having intercourse, 
        then this is accurate. And I believe that is the 
        definition that most ordinary Americans would give 
        it.288
---------------------------------------------------------------------------
    \288\ Id. at 22 (emphasis added).

    At his grand jury appearance, the President also was asked 
about his counsel's statement to Judge Wright that Ms. 
Lewinsky's affidavit denying a ``sexual relationship'' was 
equivalent to saying ``there is absolutely no sex of any kind 
in any manner, shape or form'' with President Clinton. Given 
the President's interpretation of the term ``sexual 
relationship'' to require sexual intercourse, the President was 
asked how he lawfully could have sat silent while his 
attorney--in the President's presence and on his behalf--made a 
false statement to a United States District Judge in an effort 
to forestall further questioning. The President offered several 
responses.
    First, the President maintained that he was not paying 
``much attention'' when Mr. Bennett said that there is 
``absolutely no sex of any kind'' between the President and Ms. 
Lewinsky.'' 289 The President further stated: ``That 
moment, that whole argument just passed me by. I was a 
witness.'' 290 The President's explanation is 
difficult to reconcile with the videotape of the deposition, 
which shows that the President was looking in Mr. Bennett's 
direction when his counsel made this statement.
---------------------------------------------------------------------------
    \289\ Id. at 25.
    \290\ Id. at 30.
---------------------------------------------------------------------------
    Alternatively, the President contended that when Mr. 
Bennett said that ``there is absolutely no sex of any kind,'' 
Mr. Bennett was speaking only in the present tense and thus was 
making a completely true statement. The President further 
stated: ``It depends on what the meaning of the word `is' is,'' 
291 and that ``actually, in the present tense that 
is an accurate statement.'' 292 Before the grand 
jury, counsel for the OIC then asked the President: ``Do you 
mean today that because you were not engaging in sexual 
activity with Ms. Lewinsky during the deposition that the 
statement of Mr. Bennett might be literally true?'' 
293 The President responded: ``No, sir. I mean that 
at the time of the deposition, it had been--that was well 
beyond any point of improper contact between me and Ms. 
Lewinsky.'' 294 The President's suggestion that he 
might have engaged in such a detailed parsing of the words at 
his deposition is at odds with his assertion that the ``whole 
argument passed me by.''
---------------------------------------------------------------------------
    \291\ Id. at 59 (emphasis added).
    \292\ Id. at 20.
    \293\ Id. at 61.
    \294\ Id. at 61-62.
---------------------------------------------------------------------------
    Finally, the President took issue with the notion that he 
had any duty to prevent his attorney from making a false 
statement to Judge Wright: ``Mr. Bennett was representing me. I 
wasn't representing him.'' 295 That is a truism. Yet 
when a witness is knowingly responsible for a misstatement of 
fact to a federal judge that misleads the Court and attempts to 
prevent questioning on a relevant subject, that conduct rises 
to the level of an obstruction of justice.
---------------------------------------------------------------------------
    \295\ Id. at 26.
---------------------------------------------------------------------------

                  C. Evidence Regarding Cover Stories

    The affidavit was not the only part of the scheme in which 
both the President and Ms. Lewinsky would lie under oath. Ms. 
Lewinsky testified that, as part of their mutual concealment 
efforts, she and President Clinton formulated ``cover stories'' 
to explain Ms. Lewinsky's presence in the West Wing and Oval 
Office. When Ms. Lewinsky worked at the White House, she and 
the President agreed that Ms. Lewinsky would tell people that 
she was coming to the Oval Office to deliver papers or to have 
papers signed, when in truth she was going to the Oval Office 
to have a sexual encounter with the President.296
---------------------------------------------------------------------------
    \296\ Lewinsky 8/6/98 GJ at 53-54 (Q: ``When you say that you 
planned to bring papers, did you ever discuss with the President the 
fact that you would try to use that as a cover?'' ML: ``Yes.'').
---------------------------------------------------------------------------
    While employed at the White House, Ms. Lewinsky used this 
cover story on several occasions.297 It worked: 
Several Secret Service officers testified that they understood 
that Ms. Lewinsky was at the Oval Office to deliver or to pick 
up papers.298 In fact, however, Ms. Lewinsky stated 
that her White House job never required her to deliver papers 
or obtain the President's signature, although she carried 
papers as a prop.299
---------------------------------------------------------------------------
    \297\ Muskett 7/21/98 GJ at 25-26, 83, 89-90; Fox 2/17/98 GJ at 34-
35.
    \298\ Householder 8/13/98 GJ at 11; Byrne 7/30/98 GJ at 9, 16, 30, 
37; Garabito 7/30/98 GJ at 17. Other Secret Service officers testified 
that they saw Ms. Lewinsky in the West Wing carrying paperwork. Moore 
7/30/98 GJ at 25-26; Overstreet 8/11/98 GJ at 7; Wilson 7/23/98 GJ at 
32.
    \299\ Lewinsky 8/6/98 GJ at 54-55.
---------------------------------------------------------------------------
    After she was transferred to the Pentagon, Ms. Lewinsky 
testified that she and the President formulated a second 
``cover story'': that Ms. Lewinsky was going to the White House 
to visit Betty Currie rather than the President. Ms. Lewinsky 
testified that she and the President discussed how ``Betty 
always needed to be the one to clear me in so that, you know, I 
could always say I was coming to see Betty.'' 300 
Ms. Lewinsky testified that she met with the President 
privately on ten occasions after she left her job at the White 
House.301 Ms. Currie signed her in for each of those 
private visits.302
---------------------------------------------------------------------------
    \300\ Id. at 55.
    \301\ Id. at 27-28; GJ Exhibit ML-7. Ms. Lewinsky testified that 
she met with the President in private after she left her position at 
the White House on eleven dates in 1997: February 28 (following the 
radio address), March 29, May 24, July 4, July 14, July 24, August 16, 
October 11, November 13, December 6, and December 28.
    \302\ See Appendix, Tab E (Table of Recorded Visits).
---------------------------------------------------------------------------
    Ms. Lewinsky has stated that her true purpose in visiting 
the White House on these occasions was to see President 
Clinton, not Ms. Currie.303 President Clinton agreed 
that ``just about every time'' that Ms. Lewinsky came to see 
Ms. Currie when he was there, Ms. Lewinsky saw him as 
well.304
---------------------------------------------------------------------------
    \303\ Lewinsky 8/6/98 GJ at 55.
    \304\ Clinton 8/17/98 GJ at 117.
---------------------------------------------------------------------------
    Ms. Lewinsky testified that President Clinton encouraged 
her to continue to use the cover stories to conceal their 
relationship after her name appeared on the witness list in the 
Jones case. In her early-morning phone conversation with 
President Clinton on December 17, 1997--the same conversation 
in which the President told her that her name was on the 
witness list and suggested that she file an affidavit if 
subpoenaed 305--Ms. Lewinsky discussed cover stories 
with the President:
---------------------------------------------------------------------------
    \305\ Lewinsky 8/6/98 GJ at 123.
---------------------------------------------------------------------------
          ML: At some point in the conversation, and I don't 
        know if it was before or after the subject of the 
        affidavit came up, he sort of said, ``You know, you can 
        always say you were coming to see Betty or that you 
        were bringing me letters.'' Which I understood was 
        really a reminder of things that we had discussed 
        before.
          Q: So when you say things you had discussed, sort of 
        ruses that you had developed.
          ML: Right. I mean, this was--this was something 
        that--that was instantly familiar to me.
          Q: Right.
          ML: And I knew exactly what he meant.
          Q: Had you talked with him earlier about these false 
        explanations about what you were doing visiting him on 
        several occasions?
          ML: Several occasions throughout the entire 
        relationship. Yes. It was the pattern of the 
        relationship, to sort of conceal it.306
---------------------------------------------------------------------------
    \306\ Id. at 123-24 (emphasis added).
---------------------------------------------------------------------------
    President Clinton used those same deceptive cover stories 
during his deposition in the Jones case. In the civil 
deposition, when asked if he had met with Ms. Lewinsky 
``several times'' while she worked at the White House, the 
President responded that he had seen her on two or three 
occasions during the government shutdown, ``and then when she 
worked at the White House, I think there was one or two other 
times when she brought some documents to me.'' 307 
When asked if he was ever alone with Ms. Lewinsky in the Oval 
Office, the President stated:

    \307\ Clinton 1/17/98 at 50-51 (emphasis added).
---------------------------------------------------------------------------
          [W]hen she worked at the legislative affairs office, 
        they always had somebody there on the weekends. * * * 
        Sometimes they'd bring me things on the weekends. In 
        that case, whatever time she would be in there, drop it 
        off, exchange a few words and go, she was there. * * * 
        It's possible that she, in, while she was working 
        there, brought something to me and that at the time she 
        brought it to me, she was the only person there, That's 
        possible.308

    \308\ Id. at 52-53.
---------------------------------------------------------------------------
    The pattern of devising cover stories in an effort to 
forestall an inquiry into the relationship continued even after 
Ms. Lewinsky was subpoenaed to testify. On January 5, 1998, she 
met with her attorney, Frank Carter, and discussed questions 
that she might be asked at a deposition. One of the questions 
was how she had obtained her Pentagon job. Ms. Lewinsky worried 
that if the Jones lawyers checked with the White House about 
the transfer, some at the White House would say unflattering 
things about why she had been terminated.309 Ms. 
Lewinsky spoke to President Clinton on the phone that evening 
and asked for advice on how to answer the question. Ms. 
Lewinsky testified that the President responded, ``[Y]ou could 
always say that the people in Legislative Affairs got it for 
you or helped you get it''--a story that Ms. Lewinsky stated 
was misleading because Ms. Lewinsky in fact had been 
transferred because she was around the Oval Office too 
much.310 President Clinton knew the truth.
---------------------------------------------------------------------------
    \309\ Id. at 192-93 (emphasis added).
    \310\ Id. at 197.
---------------------------------------------------------------------------

        D. The President's Grand Jury Testimony on Cover Stories

    The President testified that before he knew that Ms. 
Lewinsky was a witness in the Jones case, he ``might well'' 
have told Ms. Lewinsky that she could offer the cover stories 
if questioned about her presence in the West Wing and Oval 
Office:
          Q: Did you ever say anything like that, you can 
        always say that you were coming to see Betty or 
        bringing me letters? Was that part of any kind of a, 
        anything you said to her or a cover story, before you 
        had any idea she was going to be part of Paula Jones?
          WJC: I might well have said that.
          Q: Okay.
          WJC: Because I certainly didn't want this to come 
        out, if I could help it. And I was concerned about 
        that. I was embarrassed about it. I knew it was 
        wrong.311
---------------------------------------------------------------------------
    \311\ Clinton 8/17/98 GJ at 119.
---------------------------------------------------------------------------
    However, no doubt aware of the significance of the 
question, the President testified that he did not remember 
whether he had discussed the cover stories with Ms. Lewinsky 
during the December 17, 1997, conversation,312 or at 
any time after Ms. Lewinsky's name appeared on the Jones 
witness list:
---------------------------------------------------------------------------
    \312\ Id. at 117. According to Ms. Lewinsky, this was the 
conversation in which the President told her that her name was on the 
Jones witness list, and in which she and the President discussed her 
filing an affidavit and the continued use of cover stories. Lewinsky 8/
6/98 GJ at 121-23.
---------------------------------------------------------------------------
          Q: Did you tell [Ms. Lewinsky] anytime in December 
        something to that effect: You know, you can always say 
        that you were coming to see Betty or you were bringing 
        me letters? Did you say that, or anything like that, in 
        December '97 or January '98, to Monica Lewinsky?
          WJC: Well, that's a very broad question. I do not 
        recall saying anything like that in connection with her 
        testimony. I could tell you what I do remember saying, 
        if you want to know. But I don't--we might have talked 
        about what to do in a nonlegal context at some point in 
        the past, but I have no specific memory of that 
        conversation.
          I do remember what I said to her about the possible 
        testimony.

           *       *       *       *       *       *       *

          Q: Did you say anything like [the cover stories] once 
        you knew or thought she might be a witness in the Jones 
        case? Did you repeat the statement, or something like 
        it to her?
          WJC: Well, again, I don't recall, and I don't recall 
        whether I might have done something like that, for 
        example, if somebody says, what if the reporters ask me 
        this, that or the other thing. I can tell you this: In 
        the context of whether she could be a witness, I have a 
        recollection that she asked me, well, what do I do if I 
        get called as a witness, and I said, you have to get a 
        lawyer. And that's all I said. And I never asked her to 
        lie.
          Q: Did you tell her to tell the truth?
          WJC: Well, I think the implication was she would tell 
        the truth.313
---------------------------------------------------------------------------
    \313\ Clinton 8/17/98 GJ at 118, 119-20 (emphasis added). The 
President repeated at several other points in his testimony that he did 
not remember what he said to Ms. Lewinsky in the phone conversation on 
December 17. See id. at 117 (``I don't remember exactly what I told her 
that night.''); id. at 118-19 (``you are trying to get me to 
characterize something [the cover stories] that I'm--that I don't know 
if I said or not'').
---------------------------------------------------------------------------

                               E. Summary

    There is substantial and credible information that the 
President and Ms. Lewinsky reached an understanding that both 
of them would lie under oath when asked whether they had a 
sexual relationship (a conspiracy to obstruct justice or to 
commit perjury, in criminal law terms). Indeed, a tacit or 
express agreement to make false statements would have been an 
essential part of their December and January discussions, lest 
one of the two testify truthfully in the Jones case and thereby 
incriminate the other as a perjurer.
    There also is substantial and credible information that 
President Clinton endeavored to obstruct justice by suggesting 
that Ms. Lewinsky file an affidavit to avoid her deposition, 
which would ``lock in'' her testimony under oath, and to 
attempt to avoid questions at his own deposition--all to impede 
the gathering of discoverable evidence in the Jones v. Clinton 
litigation.314
---------------------------------------------------------------------------
    \314\ The OIC is aware of no evidence that Mr. Bennett knew that 
Ms. Lewinsky's affidavit was false at the time of the President's 
deposition.
---------------------------------------------------------------------------
    During the course of their relationship, the President and 
Ms. Lewinsky also discussed and used cover stories to justify 
her presence in and around the Oval Office area. The evidence 
indicates--given Ms. Lewinsky's unambiguous testimony and the 
President's lack of memory, as well as the fact that they both 
planned to lie under oath--that the President suggested the 
continued use of the cover stories even after Ms. Lewinsky was 
named as a potential witness in the Jones litigation. At no 
time did the President tell Ms. Lewinsky to abandon these 
stories and to tell the truth about her visits, nor did he ever 
indicate to her that she should tell the truth under oath about 
the relationship. While the President testified that he could 
not remember such conversations about the cover stories, he had 
repeated the substance of the cover stories in his Jones 
deposition. The President's use of false cover stories in 
testimony under oath in his Jones deposition strongly 
corroborates Ms. Lewinsky's testimony that he suggested them to 
her on December 17 as a means of avoiding disclosure of the 
truth of their relationship.

   VII. There is substantial and credible information that President 
Clinton endeavored to obstruct justice by helping Ms. Lewinsky obtain a 
 job in New York at a time when she would have been a witness against 
         him were she to tell the truth during the Jones case.

    The President had an incentive to keep Ms. Lewinsky from 
jeopardizing the secrecy of the relationship. That incentive 
grew once the Supreme Court unanimously decided in May 1997 
that the case and discovery process were to go forward.
    At various times during the Jones discovery process, the 
President and those working on his behalf devoted substantial 
time and attention to help Ms. Lewinsky obtain a job in the 
private sector.

                              a. evidence

    The entire saga of Ms. Lewinsky's job search and the 
President's assistance in that search is discussed in detail in 
the Narrative section of this Referral. We summarize and 
analyze the key events and dates here.
    Ms. Lewinsky first mentioned her desire to move to New York 
in a letter to the President on July 3, 1997. The letter 
recounted her frustration that she had not received an offer to 
return to work at the White House.315
---------------------------------------------------------------------------
    \315\ Lewinsky 8/6/98 GJ at 67-69.
---------------------------------------------------------------------------
    On October 1, the President was served with interrogatories 
asking about his sexual relationships with women other than 
Mrs. Clinton.316 On October 7, 1997, Ms. Lewinsky 
couriered a letter expressing dissatisfaction with her job 
search to the President.317 In response, Ms. 
Lewinsky said she received a late-night call from President 
Clinton on October 9, 1997. She said that the President told 
her he would start helping her find a job in New 
York.318
---------------------------------------------------------------------------
    \316\ 849-DC-00000002-10.
    \317\ Ms. Lewinsky said that on October 6, 1997, she had been told 
by Linda Tripp that a friend of Tripp's at the National Security 
Council had reported that Lewinsky would not be getting a White House 
job. Ms. Lewinsky said that at that point she finally decided to move 
to New York. Lewinsky 7/31/98 Int. at 9-10.
    \318\ Id. at 10-11.
---------------------------------------------------------------------------
    The following Saturday, October 11, 1997, Ms. Lewinsky met 
with President Clinton alone in the Oval Office dining room 
from 9:36 a.m. until about 10:54 a.m. In that meeting, she 
furnished the President a list of New York jobs in which she 
was interested.319 Ms. Lewinsky mentioned to the 
President that she would need a reference from someone in the 
White House; the President said he would take care of 
it.320 Ms. Lewinsky also suggested to the President 
that Vernon Jordan might be able to help her, and President 
Clinton agreed.321 Immediately after the meeting, 
President Clinton spoke with Mr. Jordan by 
telephone.322
---------------------------------------------------------------------------
    \319\ Id. at 11.
    \320\ Lewinsky 8/13/98 Int. at 2-3.
    \321\ Lewinsky 8/6/98 GJ at 103-04.
    \322\ 968-DC-00003569 (Presidential call log).
---------------------------------------------------------------------------
    According to White House Chief of Staff Erskine Bowles, at 
some time in the summer or fall of 1997, President Clinton 
raised the subject of Monica Lewinsky and stated that ``she was 
unhappy where she was working and wanted to come back and work 
at the OEOB [Old Executive Office Building]; and could we take 
a look.'' 323 Mr. Bowles referred the matter to 
Deputy Chief of Staff John Podesta.324
---------------------------------------------------------------------------
    \323\ Bowles 4/2/98 GJ at 67.
    \324\ Id. at 70.
---------------------------------------------------------------------------
    Mr. Podesta said he asked Betty Currie to have Ms. Lewinsky 
call him, but heard nothing until about October 1997, when Ms. 
Currie told him that Ms. Lewinsky was looking for opportunities 
in New York.325 The Ambassador to the United 
Nations, Bill Richardson, said that Mr. Podesta told him that 
Ms. Currie had a friend looking for a position in New 
York.326
---------------------------------------------------------------------------
    \325\ Podesta 2/5/98 GJ at 31-33, 35, 40-41.
    \326\ Richardson 4/30/98 Depo. at 28.
---------------------------------------------------------------------------
    According to Ms. Lewinsky, Ambassador Richardson called her 
on October 21, 1997,327 and interviewed her soon 
thereafter. She was then offered a position at the 
UN.328 Ms. Lewinsky was 
unenthusiastic.329 During the latter part of October 
1997, the President and Ms. Lewinsky discussed enlisting Vernon 
Jordan to aid in pursuing private-sector 
possibilities.330
---------------------------------------------------------------------------
    \327\ Lewinsky 7/31/98 Int. at 12. Ms. Lewinsky said that she spoke 
to President Clinton about the phone call on October 23, during which 
she suggested to the President that she was interested in some job 
other than at the United Nations. Id. According to Ms. Lewinsky, the 
President replied that he just wanted her to have some options. Id.
    Ms. Lewinsky said that she spoke to the President again on October 
30 about the interview, in which she expressed anxiety about meeting 
with the Ambassador. Ms. Lewinsky said that the President told her to 
call Betty Currie after the interview so he would know how the 
interview went. Id. at 13.
    \328\ Lewinsky 7/31/98 Int. at 14.
    \329\ Lewinsky 8/26/98 Depo. at 67; Lewinsky 7/31/98 Int. at 14.
    \330\ Lewinsky 7/31/98 Int. at 14.
---------------------------------------------------------------------------
    On November 5, 1997, Ms. Lewinsky met Mr. Jordan in his law 
office. Mr. Jordan told Ms. Lewinsky that she came ``highly 
recommended.'' 331 Ms. Lewinsky explained that she 
hoped to move to New York, and went over her list of possible 
employers.332 Mr. Jordan telephoned President 
Clinton shortly after the meeting.333
---------------------------------------------------------------------------
    \331\ Id. at 15. Ms. Lewinsky related this incident to her friend, 
Catherine Allday Davis, in a near-contemporaneous email. 1037-DC-
00000017. See also Catherine Davis 3/17/98 GJ at 124.
    \332\ Lewinsky 7/31/98 Int. at 14-15.
    \333\ V004-DC-00000135 (Akin Gump phone records); Jordan 5/5/98 GJ 
at 52-55.
---------------------------------------------------------------------------
    Ms. Lewinsky had no contact with the President or Mr. 
Jordan for another month.334 On December 5, 1997, 
however, the parties in the Jones case exchanged witness lists. 
Ms. Jones's attorneys listed Ms. Lewinsky as a potential 
witness. The President testified that he learned that Ms. 
Lewinsky was on the list late in the day on December 
6.335
---------------------------------------------------------------------------
    \334\ Lewinsky 8/6/98 GJ at 26-27 and GJ Exhibit ML-7. Ms. Lewinsky 
stated that just before Thanksgiving, 1997, she called Betty Currie and 
asked her to contact Vernon Jordan and prod him along in the job 
search. Lewinsky 8/4/98 Int. at 8. It was Ms. Lewinsky's understanding 
that Jordan was helping her at the request of the President and Ms. 
Currie. Id.
    \335\ See Clinton 8/17/98 GJ at 84-85. Under the federal witness 
tampering statutes, it is a crime to corruptly persuade a witness to 
alter his testimony. See 18 U.S.C. Sec. Sec. 1503, 1512.
---------------------------------------------------------------------------
    The effort to obtain a job for Ms. Lewinsky then 
intensified. On December 7, President Clinton met with Mr. 
Jordan at the White House.336 Ms. Lewinsky met with 
Mr. Jordan on December 11 to discuss specific job contacts in 
New York. Mr. Jordan gave her the names of some of his business 
contacts.337 He then made calls to contacts at 
MacAndrews & Forbes (the parent corporation of Revlon), 
American Express, and Young & Rubicam.338
---------------------------------------------------------------------------
    \336\ 1178-DC-00000026 (WAVES records).
    \337\ Lewinsky 8/4/98 Int. at 2.
    \338\ Jordan 3/3/98 GJ at 48-49.
---------------------------------------------------------------------------
    Mr. Jordan also telephoned President Clinton to keep him 
informed of the efforts to help Ms. Lewinsky. Mr. Jordan 
testified that President Clinton was aware that people were 
trying to get jobs for her, that Mr. Podesta was trying to help 
her, that Bill Richardson was trying to help her, but that she 
wanted to work in the private sector.339
---------------------------------------------------------------------------
    \339\ Id. at 65.
---------------------------------------------------------------------------
    On the same day of Ms. Lewinsky's meeting with Mr. Jordan, 
December 11, Judge Wright ordered President Clinton, over his 
objection, to answer certain written interrogatories as part of 
the discovery process in Jones. Those interrogatories required, 
among other things, the President to identify any government 
employees since 1986 with whom he had engaged in sexual 
relations (a term undefined for purposes of the 
interrogatory).340 On December 16, the President's 
attorneys received a request for production of documents that 
mentioned Monica Lewinsky by name.
---------------------------------------------------------------------------
    \340\ 921-DC-000000459-66.
---------------------------------------------------------------------------
    On December 17, 1997, according to Ms. Lewinsky, President 
Clinton called her in the early morning and told her that she 
was on the witness list, and they discussed their cover 
stories.341 On December 18 and December 23, she 
interviewed for jobs with New York-based companies that had 
been contacted by Mr. Jordan.342 On December 19, Ms. 
Lewinsky was served with a deposition subpoena by Ms. Jones's 
lawyers.343 On December 22, 1997, Mr. Jordan took 
her to her new attorney; she and Mr. Jordan discussed the 
subpoena, the Jones case, and her job search during the course 
of the ride.344
---------------------------------------------------------------------------
    \341\ Lewinsky 8/6/98 GJ at 121-23.
    \342\ Id. at 121; Lewinsky 8/1/98 Int. at 6, 10.
    \343\ Lewinsky 8/6/98 GJ at 127-28.
    \344\ Id. at 138-41; Lewinsky 2/1/98 Statement at 6; cf. Jordan 3/
3/98 GJ at 182-90 (recalls discussion of job search only).
---------------------------------------------------------------------------
    The President answered the ``other women'' interrogatory on 
December 23, 1997, by declaring under oath: ``None.'' 
345
---------------------------------------------------------------------------
    \345\ V002-DC-000000052 (President Clinton's Supplemental Responses 
to Plaintiff's Second Set of Interrogatories).
---------------------------------------------------------------------------
    On Sunday, December 28, 1997, Monica Lewinsky and the 
President met in the Oval Office.346 During that 
meeting, the President and Ms. Lewinsky discussed both her move 
to New York and her involvement in the Jones 
suit.347
---------------------------------------------------------------------------
    \346\ Lewinsky 8/6/98 GJ at 149.
    \347\ Lewinsky 8/6/98 GJ at 151-52; Lewinsky 7/27/98 Int. at 7. 
This was the same meeting where the President and Ms. Lewinsky 
discussed their concerns over the Lewinsky subpoena and its demand for 
the production of gifts.
---------------------------------------------------------------------------
    On January 5, 1998, Ms. Lewinsky declined the United 
Nations offer.348 On January 7, 1998, Ms. Lewinsky 
signed the affidavit denying the relationship with President 
Clinton (she had talked on the phone to the President on 
January 5 about it).349 Mr. Jordan informed the 
President of her action.350
---------------------------------------------------------------------------
    \348\ Sutphen 5/27/98 Depo. at 39; Lewinsky 7/27/98 Int. at 5.
    \349\ Lewinsky 8/6/98 GJ at 191-98, 205-06.
    \350\ Jordan 5/5/98 GJ at 223-25.
---------------------------------------------------------------------------
    The next day, on January 8, 1998, Ms. Lewinsky interviewed 
in New York with MacAndrews & Forbes, a company recommended by 
Vernon Jordan. The interview went poorly. Mr. Jordan then 
called Ronald Perelman, the Chairman of the Board at MacAndrews 
& Forbes. Mr. Perelman said Ms. Lewinsky should not worry, and 
that someone would call her back for another interview. Mr. 
Jordan relayed this message to Ms. Lewinsky, and someone called 
back that day.351
---------------------------------------------------------------------------
    \351\ Id. at 232; Lewinsky 8/6/98 GJ at 209.
---------------------------------------------------------------------------
    Ms. Lewinsky interviewed again the next morning, and a few 
hours later received an informal offer for a 
position.352 She told Mr. Jordan of the offer, and 
Mr. Jordan then notified President Clinton with the news: 
``Mission accomplished.'' 353
---------------------------------------------------------------------------
    \352\ Lewinsky 8/6/98 GJ at 208-10.
    \353\ Jordan 5/28/98 GJ at 39 (emphasis added).
---------------------------------------------------------------------------
    On January 12, 1998, Ms. Jones's attorneys informed Judge 
Wright that they might call Monica Lewinsky as a trial 
witness.354 Judge Wright stated that she would allow 
witnesses with whom the President had worked, such as Ms. 
Lewinsky, to be trial witnesses.355
---------------------------------------------------------------------------
    \354\ Ms. Jones's attorney named the ``other women'' he planned to 
call at trial:

        Mr. Fisher: They would include * * * Monica Lewinsky.
        Judge Wright: Can you tell me who she is?
        Mr. Fisher: Yes, your Honor.
        Judge Wright: I never heard of her.
        Mr. Fisher: She's the young woman who worked in the White 
      House for a period of time and was later transferred to a 
      job in the Pentagon.

1414-DC-00001327-28.
---------------------------------------------------------------------------
    \355\ 1414-DC-00001334-46.
---------------------------------------------------------------------------
    In a call on January 13, 1998, a Revlon employee formalized 
the job offer, and asked Ms. Lewinsky to provide 
references.356 Either that day or the next, 
President Clinton told Erskine Bowles that Ms. Lewinsky ``had 
found a job in the * * * private sector, and she had listed 
John Hilley as a reference, and could we see if he could 
recommend her, if asked.'' 357 Thereafter, Mr. 
Bowles took the President's request to Deputy Chief of Staff 
John Podesta, who in turn spoke to Mr. Hilley about writing a 
letter of recommendation. After speaking with Mr. Podesta, Mr. 
Hilley agreed to write such a letter, but cautioned it would be 
a ``generic'' one.358 On January 14, at 
approximately 11:17 a.m., Ms. Lewinsky faxed her letter of 
acceptance to Revlon and listed Mr. Hilley as a 
reference.359
---------------------------------------------------------------------------
    \356\ Lewinsky 8/6/98 GJ at 214.
    \357\ Bowles 4/2/98 GJ at 78-79.
    \358\ Hilley 5/19/98 GJ at 74; Hilley 5/26/98 GJ at 11.
    \359\ 830-DC-0000007.
---------------------------------------------------------------------------
    On January 15, the President responded to the December 15 
request for production of documents relating to Monica Lewinsky 
by answering ``none.'' On January 16, Ms. Lewinsky's attorney 
sent to the District Court in the Jones case her affidavit 
denying a ``sexual relationship'' with the 
President.360 The next day, on January 17, the 
President was deposed and his attorney used her affidavit as 
the President similarly denied a ``sexual relationship.''
---------------------------------------------------------------------------
    \360\ 921-DC-00000775-78; 1292-DC-000000661-86.
---------------------------------------------------------------------------

                               B. Summary

    When a party in a lawsuit (or investigation) provides job 
or financial assistance to a witness, a question arises as to 
possible witness tampering. The critical question centers on 
the intent of the party providing the assistance. Direct 
evidence of that intent often is unavailable. Indeed, in some 
cases, the witness receiving the job assistance may not even 
know that the party providing the assistance was motivated by a 
desire to stay on good terms with the witness during the 
pending legal proceeding.361 Similarly, others who 
are enlisted in the party's effort to influence the witness's 
testimony by providing job assistance may not be aware of the 
party's motivation and intent.
---------------------------------------------------------------------------
    \361\ The arrangement may not be explicitly spelled out. In this 
case, for example, there is no evidence that Ms. Lewinsky received an 
explicit proposal where someone said, ``I'll give you a job if you lie 
under oath.''
---------------------------------------------------------------------------
    One can draw inferences about the party's intent from 
circumstantial evidence. In this case, the President assisted 
Ms. Lewinsky in her job search in late 1997, at a time when she 
would have become a witness harmful to him in the Jones case 
were she to testify truthfully. The President did not act half-
heartedly. His assistance led to the involvement of the 
Ambassador to the United Nations, one of the country's leading 
business figures (Mr. Perelman), and one of the country's 
leading attorneys (Vernon Jordan).
    The question, therefore, is whether the President's efforts 
in obtaining a job for Ms. Lewinsky were to influence her 
testimony 362 or simply to help an ex-intimate 
without concern for her testimony. Three key facts are 
essential in analyzing his actions: (i) the chronology of 
events, (ii) the fact that the President and Ms. Lewinsky both 
intended to lie under oath about the relationship, and (iii) 
the fact that it was critical for the President that Ms. 
Lewinsky lie under oath.
---------------------------------------------------------------------------
    \362\ In a recorded conversation, Ms. Lewinsky discussed the job 
assistance various individuals, including Vernon Jordan, gave Webster 
Hubbell, and she expressed her concern that someone could similarly 
consider the assistance she was provided as improper in some manner: 
``I think somebody could construe, okay? Somebody could construe or 
say, `Well, they gave her a job to shut her up. They made her happy.' 
'' T2 at 11.
---------------------------------------------------------------------------
    There is substantial and credible information that the 
President assisted Ms. Lewinsky in her job search motivated at 
least in part by his desire to keep her ``on the team'' in the 
Jones litigation.

VIII. There is substantial and credible information that the President 
  lied under oath in describing his conversations with Vernon Jordan 
                          about Ms. Lewinsky.

    President Clinton was asked during his civil deposition 
whether he had talked to Mr. Jordan about Ms. Lewinsky's 
involvement in the Jones case. The President stated that he 
knew Mr. Jordan had talked to Ms. Lewinsky about her move to 
New York, but stated that he did not recall whether Mr. Jordan 
had talked to Ms. Lewinsky about her involvement in the Jones 
case. The testimony was false. A lie under oath about these 
conversations was necessary to avoid inquiry into whether Ms. 
Lewinsky's job and her testimony were improperly related.

               a. president's testimony in the jones case

    The President was questioned in his civil deposition about 
his conversations with Vernon Jordan regarding Ms. Lewinsky and 
her role in the Jones case. Beforehand, the President was asked 
a general question:
          Q: Did anyone other than your attorneys ever tell you 
        that Monica Lewinsky had been served with a subpoena in 
        this case?
          WJC: I don't think so.363
---------------------------------------------------------------------------
    \363\ Clinton 1/17/98 Depo. at 68-69 (emphasis added).
---------------------------------------------------------------------------
The President later testified in more detail about 
conversations he may have had with Mr. Jordan concerning Ms. 
Lewinsky's role in the case:
          Q: Excluding conversations that you may have had with 
        Mr. Bennett or any of your attorneys in this case, 
        within the past two weeks has anyone reported to you 
        that they had had a conversation with Monica Lewinsky 
        concerning this lawsuit?
          WJC: I don't believe so. I'm sorry, I just don't 
        believe so.

           *       *       *       *       *       *       *

          Q. Has it ever been reported to you that [Vernon 
        Jordan] met with Monica Lewinsky and talked about this 
        case?
          WJC: I knew that he met with her. I think Betty 
        suggested that he meet with her. Anyway, he met with 
        her. I, I thought that he talked to her about something 
        else. I didn't know that--I thought he had given her 
        some advice about her move to New York. Seems like 
        that's what Betty said.364
---------------------------------------------------------------------------
    \364\ Id. at 72 (emphasis added). See also id. at 73 (``[m]y 
understanding was . . . that she was going to move to New York and that 
she was looking for some advice [from Jordan] about what she should do 
when she got there'').
---------------------------------------------------------------------------

b. evidence that contradicts the president's civil deposition testimony

    Vernon Jordan testified that his conversations with the 
President about Ms. Lewinsky's subpoena were, in fact, ``a 
continuing dialogue.'' 365 When asked if he had kept 
the President informed about Ms. Lewinsky's status in the Jones 
case in addition to her job search, Mr. Jordan responded: ``The 
two--absolutely.'' 366
---------------------------------------------------------------------------
    \365\ Jordan 3/5/98 GJ at 26.
    \366\ Jordan 3/5/98 GJ at 29.
---------------------------------------------------------------------------
    On December 19, Ms. Lewinsky phoned Mr. Jordan and told him 
that she had been subpoenaed in the Jones case.367 
Following that call, Mr. Jordan telephoned the President to 
inform him ``that Monica Lewinsky was coming to see me, and 
that she had a subpoena'' 368--but the President was 
unavailable. 369 Later that day, at 5:01 p.m., Mr. 
Jordan had a seven-minute telephone conversation with the 
President: 370
---------------------------------------------------------------------------
    \367\ 833-DC-0017890 (Pentagon phone records). See also Jordan 3/3/
98 GJ at 92-93 (testifying that Ms. Lewinsky called him up and she was 
``very upset'' about ``being served with a subpoena in the Paula Jones 
case'').
    \368\ Jordan 5/5/98 GJ at 142-43.
    \369\ Id. at 133-34. Mr. Jordan had told Ms. Lewinsky to come see 
him at 5:00 p.m. Lewinsky 8/6/98 GJ at 129. See also Jordan 5/5/98 GJ 
at 144 (relating why he wanted to tell the President about Ms. 
Lewinsky's subpoena).
    \370\ 1178-DC-00000014 (White House phone records); Jordan 5/5/98 
GJ at 145.

          I said to the President, ``Monica Lewinsky called me 
        up. She's upset. She's gotten a subpoena. She is coming 
        to see me about this subpoena. I'm confident that she 
        needs a lawyer, and I will try to get her a lawyer.'' 
        371
---------------------------------------------------------------------------
    \371\ Jordan 5/5/98 GJ at 145-47.

    Later on December 19, after meeting with Ms. Lewinsky, Mr. 
Jordan went to the White House and met with the President alone 
in the Residence.372 Mr. Jordan testified: ``I told 
him that Monica Lewinsky had been subpoenaed, came to me with a 
subpoena.'' 373 According to Mr. Jordan, the 
President ``thanked me for my efforts to get her a job and 
thanked me for getting her a lawyer.'' 374
---------------------------------------------------------------------------
    \372\ Jordan 3/3/98 GJ at 167-69. White House records indicate that 
Mr. Jordan was scheduled to arrive at 8:00 p.m., and actually arrived 
at 8:15 p.m. See 1178-DC-00000026 (WAVES record). Mr. Jordan testified, 
however, that he is certain that he did not arrive at the White House 
until after 10 p.m. Jordan 5/5/98 GJ at 164.
    \373\ Jordan 3/3/98 GJ at 169.
    \374\ Id. at 172.
---------------------------------------------------------------------------
    According to Mr. Jordan, on January 7, 1998, Ms. Lewinsky 
showed him a copy of her signed affidavit denying any sexual 
relationship with the President.375 He testified 
that he told the President about the affidavit, probably in one 
of his two logged calls to the White House that 
day:376
---------------------------------------------------------------------------
    \375\ Jordan 5/5/98 GJ at 221-22.
    \376\ Jordan 3/5/98 GJ at 24-25, 33; Jordan 5/5/98 GJ at 223-26; 
V004-DC-00000159 (Akin Gump phone records).
---------------------------------------------------------------------------
          Q: [W]alk us through what exactly you would have said 
        on the portion of the conversation that related to Ms. 
        Lewinsky and the affidavit.
          VJ: Monica Lewinsky signed the affidavit.

           *       *       *       *       *       *       *

          Q: [L]et's say if it was January 7th, or whenever it 
        was that you informed him that she signed the 
        affidavit,377 is it accurate that based on 
        the conversations you had with him already, you didn't 
        have to explain to him what the affidavit was?
---------------------------------------------------------------------------
    \377\ The affidavit is dated January 7, 1998, so the conversation 
informing the President that it had been signed could not have occurred 
any earlier than this date.
---------------------------------------------------------------------------
          VJ: I think that's a reasonable assumption.
          Q: So that it would have made sense that you would 
        have just said, ``She signed the affidavit,'' because 
        both you and he knew what the affidavit was?
          VJ: I think that's a reasonable assumption.
          Q: All right. When you indicated to the President 
        that she had signed the affidavit, what, if anything, 
        did he tell you?
          VJ: I think he--his judgment was consistent with mine 
        that that was--the signing of the affidavit was 
        consistent with the truth.378
---------------------------------------------------------------------------
    \378\ Jordan 5/5/98 GJ at 224-26.
---------------------------------------------------------------------------
    Mr. Jordan testified that ``I knew that the President was 
concerned about the affidavit and whether or not it was signed. 
He was, obviously.'' 379 When asked why he believed 
the President was concerned, Mr. Jordan testified:
---------------------------------------------------------------------------
    \379\ Jordan 3/5/98 GJ at 25. Cf. Jordan 5/5/98 GJ at 225-26 (When 
President was told Ms. Lewinsky signed affidavit, ``[t]here was no 
elation. There was no celebration.'').

          Here is a friend of his who is being called as a 
        witness in another case and with whom I had gotten a 
        lawyer, I told him about that, and told him I was 
        looking for a job for her. He knew about all of that. 
        And it was just a matter of course that he would be 
        concerned as to whether or not she had signed an 
        affidavit foreswearing what I told you the other day, 
        that there was no sexual relationship.380
---------------------------------------------------------------------------
    \380\ Jordan 3/5/98 GJ at 26 (emphasis added).

    Mr. Jordan summarized his contacts with the President about 
Monica Lewinsky and her involvement in the Jones litigation as 
---------------------------------------------------------------------------
follows:

          I made arrangements for a lawyer and I told the 
        President that. When she signed the affidavit, I told 
        the President that the affidavit had been signed and 
        when Frank Carter told me that he had filed a motion to 
        quash, as I did in the course of everything else, I 
        said to the President that I saw Frank Carter and he 
        had informed me that he was filing a motion to quash. 
        It was as a simple information flow, absent a 
        substantive discussion about her defense, about which I 
        was not involved.381
---------------------------------------------------------------------------
    \381\ Id. at 125.

    The President himself testified in the grand jury that he 
talked to Mr. Jordan about Ms. Lewinsky's involvement in the 
case. Despite his earlier statements at the deposition, the 
President testified to the grand jury that he had no reason to 
doubt that he had talked to Mr. Jordan about Ms. Lewinsky's 
subpoena, her lawyer, and her affidavit.382
---------------------------------------------------------------------------
    \382\ Clinton 8/17/98 GJ at 73-75.
---------------------------------------------------------------------------

                               C. Summary

    In his civil deposition, the President stated that he had 
talked to Vernon Jordan about Ms. Lewinsky's job. But as the 
testimony of Mr. Jordan reveals, and as the President as much 
as conceded in his subsequent grand jury 
appearance,383 the President did talk to Mr. Jordan 
about Ms. Lewinsky's involvement in the Jones case--including 
that she had been subpoenaed, that Mr. Jordan had helped her 
obtain a lawyer, and that she had signed an affidavit denying a 
sexual relationship with the President. Given their several 
communications in the weeks before the deposition, it is not 
credible that the President forgot the subject of their 
conversations during his civil deposition. His statements 
``seems like that's what Betty said'' and ``I didn't know 
that'' were more than mere omissions; they were affirmative 
misstatements.
---------------------------------------------------------------------------
    \383\ Id. at 75-77.
---------------------------------------------------------------------------
    The President's motive for making false and misleading 
statements about this subject in his civil deposition was 
straightforward. If the President admitted that he had talked 
with Vernon Jordan both about Monica Lewinsky's involvement in 
the Jones case and about her job, questions would inevitably 
arise about whether Ms. Lewinsky's testimony and her future job 
were connected. Such an admission by the President in his civil 
deposition likely would have prompted Ms. Jones's attorneys to 
inquire further into the subject. And such an admission in his 
deposition would have triggered public scrutiny when the 
deposition became public.
    At the time of his deposition, moreover, the President was 
aware of the potential problems in admitting any possible link 
between those two subjects. A criminal investigation and 
substantial public attention had focused in 1997 on job 
assistance and payments made to Webster Hubbell in 1994. The 
jobs and money paid to Mr. Hubbell by friends and contributors 
to the President had raised serious questions about whether 
such assistance was designed to influence Mr. Hubbell's 
testimony about Madison-related matters.384 Some of 
Mr. Hubbell's jobs, moreover, had been arranged by Vernon 
Jordan, which was likely a further deterrent to the President 
raising both Ms. Lewinsky's job and her affidavit in connection 
with Vernon Jordan.
---------------------------------------------------------------------------
    \384\ That matter is still under criminal investigation by this 
Office.

   IX. There is substantial and credible information that President 
 Clinton endeavored to obstruct justice by attempting to influence the 
                       testimony of Betty Currie.

    In a meeting with Betty Currie on the day after his 
deposition and in a separate conversation a few days later, 
President Clinton made statements to her that he knew were 
false. The contents of the statements and the context in which 
they were made indicate that President Clinton was attempting 
to influence the testimony that Ms. Currie might have been 
required to give in the Jones case or in a grand jury 
investigation. 385
---------------------------------------------------------------------------
    \385\ Under the federal witness tampering and obstruction of 
justice statutes, it is a crime to attempt to corruptly persuade 
another person with intent to influence the person's testimony in an 
official proceeding. See 18 U.S.C. Sec. Sec. 1503, 1512.
---------------------------------------------------------------------------

                              a. evidence

1. Saturday, January 17, 1998, Deposition
    President Clinton's deposition in Jones v. Clinton occurred 
on Saturday, January 17, 1998. In that deposition, the 
President testified that he could not recall being alone with 
Monica Lewinsky and that he had not had sexual relations, a 
sexual affair, or a sexual relationship with her. During his 
testimony, the President referred several times to Betty Currie 
and to her relationship with Ms. Lewinsky. He stated, for 
example, that the last time he had seen Ms. Lewinsky was when 
she had come to the White House to see Ms. Currie; 
386 that Ms. Currie was present when the President 
had made a joking reference about the Jones case to Ms. 
Lewinsky; 387 that Ms. Currie was his source of 
information about Vernon Jordan's assistance to Ms. Lewinsky; 
388 and that Ms. Currie had helped set up the 
meetings between Ms. Lewinsky and Mr. Jordan regarding her move 
to New York. 389
---------------------------------------------------------------------------
    \386\ Clinton 1/17/98 Depo. at 68.
    \387\ Id. at 70-71.
    \388\ Id. at 72-73, 79.
    \389\ Id. at 80-82.
---------------------------------------------------------------------------
    At the deposition, Judge Wright imposed a protective order 
that prevented the parties from discussing their testimony with 
anyone else. ``Before he leaves, I want to remind him, as the 
witness in this matter, * * * that this case is subject to a 
Protective Order regarding all discovery, * * * [A]ll parties 
present, including * * * the witness are not to say anything 
whatsoever about the questions they were asked, the substance 
of the deposition, * * *, any details. * * *'' 390
---------------------------------------------------------------------------
    \390\ Id. at 212-213.
---------------------------------------------------------------------------
2. Sunday, January 18, 1998, Meeting with Ms. Currie
    Because the President referred so often to Ms. Currie, it 
was foreseeable that she might become a witness in the Jones 
matter, particularly if specific allegations of the President's 
relationship with Ms. Lewinsky came to light. 391 
Indeed, according to Ms. Currie, President Clinton at some 
point may have told her that she might be asked about Monica 
Lewinsky. 392
---------------------------------------------------------------------------
    \391\ Jones v. Clinton, Order of Judge Susan Webber Wright, January 
29, 1998, at 2.
    \392\ Currie 1/24/98 Int. at 8 (``CURRIE advised CLINTON may have 
mentioned that CURRIE might be asked about LEWINSKY''); Currie 5/6/98 
GJ at 118 (Q: ``Didn't the President talk to you about Monica's name 
coming up in those cases [Whitewater or Jones v. Clinton]?'' BC: ``I 
have a vague recollection of him saying that her name may come up. 
Either he told me, somebody told me, but I don't know how it would come 
up.'').
---------------------------------------------------------------------------
    Shortly after 7:00 p.m. on Saturday, January 17, 1998, two 
and a half hours after he returned from the deposition, 
President Clinton called Ms. Currie at home 393 and 
asked her to come to the White House the next day. 
394 Ms. Currie testified that ``[i]t's rare for 
[President Clinton] to ask me to come in on Sunday.'' 
395
---------------------------------------------------------------------------
    \393\ Currie 5/7/98 GJ at 80-81; GJ Exhibit BC 3-10, 1248-DC-
00000307 (Presidential Call Log, Jan. 17, 1998). The White House call 
log indicates that the President called Ms. Currie at 7:02 p.m., they 
talked at 7:13 p.m., and the call ended at 7:14 p.m.
    The President returned to the White House from the deposition at 
4:26 p.m. 1248-DC-00000288 (Kearney's logs).
    \394\ Currie 1/27/98 GJ at 65-66. The President confirmed that he 
called Betty Currie shortly after his deposition, and that he asked her 
to come in on Sunday, her day off. Clinton 8/17/98 GJ at 148-49.
    The next day at 1:11 p.m., the President again called Ms. Currie at 
home. Currie 5/7/98 GJ at 85. GJ Exhibit BC 3-11, 1248-DC-00000311 
(Presidential Call Log, Jan. 18, 1998). Ms. Currie could not recall the 
content of the second call, stating: ``He may have called me on Sunday 
at 1:00 after church to see what time I can actually come in. I don't 
know. That's the best I can recollect.'' Id. at 89.
    \395\ Currie 5/7/98 GJ at 91. See also Clinton 8/17/98 GJ at 149 
(acknowledging that Ms. Currie normally would not be in the White House 
on Sunday).
---------------------------------------------------------------------------
    At about 5:00 p.m. on Sunday, January 18, Ms. Currie went 
to meet with President Clinton at the White House. She told the 
grand jury:

          He said that he had had his deposition yesterday, and 
        they had asked several questions about Monica Lewinsky. 
        And I was a little shocked by that or--(shrugging). And 
        he said--I don't know if he said--I think he may have 
        said, ``There are several things you may want to 
        know,'' or ``There are things--'' He asked me some 
        questions.396
---------------------------------------------------------------------------
    \396\ Currie 1/27/98 GJ at 70.
---------------------------------------------------------------------------
According to Ms. Currie, the President then said to her in 
succession: 397
---------------------------------------------------------------------------
    \397\ Currie 1/24/98 Int. at 6.
---------------------------------------------------------------------------
           ``You were always there when she was there, 
        right? We were never really alone.'' 398
---------------------------------------------------------------------------
    \398\ Currie 1/27/98 GJ at 71, 73-74. At different points in the 
grand jury testimony, there are minor variations in the wording used or 
agreed to by Ms. Currie in recounting the President's statements. 
Compare id. at 71 (``You were always there when Monica was there.'' 
(Currie statement)) with id. at 74 (Q: `` `You were always there when 
she was there, right?' Is that the way you remember the President 
stating it to you?'' BC: ``That's how I remember him stating it to 
me.'').
---------------------------------------------------------------------------
           ``You could see and hear everything.'' 
        399
---------------------------------------------------------------------------
    \399\ Id. at 72.
---------------------------------------------------------------------------
           ``Monica came on to me, and I never touched 
        her, right?'' 400
---------------------------------------------------------------------------
    \400\ Id. at 72. See also Currie 1/24/98 Int. at 6.
---------------------------------------------------------------------------
           ``She wanted to have sex with me, and I 
        can't do that.'' 401
---------------------------------------------------------------------------
    \401\ Ms. Currie interpreted this last comment as simply a 
statement, not necessarily one for which the President was seeking her 
agreement. Currie 1/27/98 GJ at 72-73.
---------------------------------------------------------------------------
    Ms. Currie indicated that these remarks were ``more like 
statements than questions.'' 402 Ms. Currie 
concluded that the President wanted her to agree with 
him.403 She based that conclusion on the way he made 
most of the statements and on his demeanor.404 Ms. 
Currie also said that she felt the President made these remarks 
to see her reaction.405
---------------------------------------------------------------------------
    \402\ Currie 1/27/98 GJ at 71 (Q: ``Okay. And then you told us that 
the President began to ask you a series of questions that were more 
like statements than questions.'' BC: ``Right.'').
    \403\ Id. at 72-76.
    \404\ Id.
    \405\ Currie 1/24/98 Int. at 7.
---------------------------------------------------------------------------
    Ms. Currie said that she indicated her agreement with each 
of the President's statements,406 although she knew 
that the President and Ms. Lewinsky had in fact been alone in 
the Oval Office and in the President's study.407 Ms. 
Currie also knew that she could not or did not in fact hear or 
see the President and Ms. Lewinsky while they were 
alone.408
---------------------------------------------------------------------------
    \406\ Id. at 6.
    \407\ Currie 1/27/98 GJ at 32-34.
    \408\ Id. at 82-83.
---------------------------------------------------------------------------
    In the context of this conversation, President Clinton 
appeared to be ``concerned,'' according to Ms. 
Currie.409
---------------------------------------------------------------------------
    \409\ Id. at 76.
---------------------------------------------------------------------------
    The President's concern over the questions asked at the 
civil deposition about Ms. Lewinsky also manifested itself in 
substantial efforts to contact Monica Lewinsky over the next 
two days. Shortly after her meeting with the President, Ms. 
Currie made several attempts to contact Ms. Lewinsky. Ms. 
Currie testified it was ``possible'' she did so at the 
President's suggestion, and said ``he may have asked me to call 
[Ms. Lewinsky] to see what she knew or where she was or what 
was happening.'' 410 Later that same night, at 11:01 
p.m., the President again called Ms. Currie at 
home.411 Ms. Currie could not recall the substance 
but suggested that the President had called to ask whether she 
had spoken to Ms. Lewinsky.412 The next day, January 
19, 1998, which was a holiday, Ms. Currie made seven 
unsuccessful attempts to contact Monica Lewinsky, by pager, 
between 7:00 a.m. and 9:00 a.m.413 The President 
called Ms. Currie at home twice, and Ms. Currie called the 
President at the White House once that day.414
---------------------------------------------------------------------------
    \410\ Currie 5/7/98 GJ at 99-100. Ms. Lewinsky called Betty Currie 
shortly after 10:00 p.m., but told Ms. Currie that she could not talk 
to her that night. Id. at 101.
    \411\ GJ Exhibit BC 3-12, V006-DC-00002068 (call log). The call 
lasted approximately one minute.
    \412\ Currie 5/7/98 GJ at 102.
    \413\ 831-DC-00000009 (Lewinsky pager records). As the records 
reflect, Betty Currie used the name Kay or Kate when paging Monica 
Lewinsky. Lewinsky 8/6/98 GJ at 215-17; Currie 7/22/98 GJ at 148-49.
    \414\ V006-DC-00002069; V006-DC-00002070 (White House telephone 
records). Ms. Currie testified that she probably called the President 
to tell him that she had not yet spoken to Ms. Lewinsky. Ms. Currie 
does not remember the substance of the conversations with the President 
for either of the calls that he made to her. Currie 5/7/98 GJ at 106-
07. The phone calls from the President were approximately one and two 
minutes in length. That Monday, January 19, was a holiday, and Ms. 
Currie was not at work.
---------------------------------------------------------------------------

3. Conversation Between the President and Ms. Currie on Tuesday, 
        January 20, 1998, or Wednesday, January 21, 1998

    On either Tuesday, January 20 or Wednesday, January 21 of 
that week, the President again met with Ms. Currie and 
discussed the Monica Lewinsky matter. Ms. Currie testified as 
follows:
          BC: It was Tuesday or Wednesday. I don't remember 
        which one this was, either. But the best I remember, 
        when he called me in the Oval Office, it was sort of a 
        recap[it]ulation of what we had talked about on 
        Sunday--you know, ``I was never alone with her''--that 
        sort of thing.
          Q: Did he pretty much list the same----
          BC: To my recollection, sir, yes.
          Q: And did he say it in sort of the same tone and 
        demeanor that he used the first time he told you on 
        Sunday?
          BC: The best I remember, sir, yes.

           *       *       *       *       *       *       *

          Q: And the President called you into the Oval Office 
        specifically to list these things?
          BC: I don't know if that's specifically what he 
        called me in for, but once I got inside, that's what 
        he----
          Q: That's what he told you?
          BC: Uh-huh.415
---------------------------------------------------------------------------
    \415\ Currie 1/27/98 GJ at 80-82 (emphasis added).
---------------------------------------------------------------------------

                B. The President's Grand Jury Testimony

    The President was asked why he might have said to Ms. 
Currie in their meeting on Sunday, January 18, 1998, ``we were 
never alone together, right?'' and ``you could see and hear 
everything.'' The President testified:

          [W]hat I was trying to determine was whether my 
        recollection was right and that she was always in the 
        office complex when Monica was there, and whether she 
        thought she could hear any conversations we had, or did 
        she hear any.

           *       *       *       *       *       *       *

          I was trying to--I knew * * * to a reasonable 
        certainty that I was going to be asked more questions 
        about this. I didn't really expect you to be in the 
        Jones case at the time. I thought what would happen is 
        that it would break in the press, and I was trying to 
        get the facts down. I was trying to understand what the 
        facts were.416
---------------------------------------------------------------------------
    \416\ Clinton 8/17/98 GJ at 56-57 (emphasis added). See also id. at 
131-32 (Q: ``You said that you spoke to her in an attempt to refresh 
your own recollection about the events involving Monica Lewinsky, is 
that right?'' WJC: ``Yes.'').

    Later, the President stated that he was referring to a 
larger area than simply the room where he and Ms. Lewinsky were 
located. He also testified that his statements to Ms. Currie 
were intended to cover a limited range of dates:
          WJC: * * * [W]hen I said, we were never alone, right, 
        I think I also asked her a number of other questions, 
        because there were several times, as I'm sure she would 
        acknowledge, when I either asked her to be around. I 
        remember once in particular when I was talking with Ms. 
        Lewinsky when I asked Betty to be in the, actually, in 
        the next room in the dining room, and, as I testified 
        earlier, once in her own office.
          But I meant that she was always in the Oval Office 
        complex, in that complex, while Monica was there. And I 
        believe that this was part of a series of questions I 
        asked her to try to quickly refresh my memory. So, I 
        wasn't trying to get her to say something that wasn't 
        so. And, in fact, I think she would recall that I told 
        her to just relax, go in the grand jury and tell the 
        truth when she had been called as a witness.
          Q: So, when you said to Mrs. Currie that, I was never 
        alone with her, right, you just meant that you and Ms. 
        Lewinsky would be somewhere perhaps in the Oval Office 
        or many times in your back study, is that correct?
          WJC: That's right. We were in the back study.
          Q: And then----
          WJC: Keep in mind, sir, I just want to make it--I was 
        talking about 1997. I was never, ever trying to get 
        Betty Currie to claim that on the occasions when Monica 
        Lewinsky was there when she wasn't anywhere around, 
        that she was. I would never have done that to her, and 
        I don't think she thought about that. I don't think she 
        thought I was referring to that.
          Q: Did you put a date restriction? Did you make it 
        clear to Mrs. Currie that you were only asking her 
        whether you were never alone with her after 1997?
          WJC: Well, I don't recall whether I did or not, but I 
        assumed--if I didn't, I assumed she knew what I was 
        talking about, because it was the point at which Ms. 
        Lewinsky was out of the White House and had to have 
        someone WAVE her in, in order to get in the White 
        House. And I do not believe to this day that I was--in 
        1997, that she was ever there and that I ever saw her 
        unless Betty Currie was there. I don't believe she 
        was.417
---------------------------------------------------------------------------
    \417\ Id. at 132-34 (emphasis added).
---------------------------------------------------------------------------
With respect to the word ``alone,'' the President also stated 
that ``it depends on how you define alone'' and ``there were a 
lot of times when we were alone, but I never really thought we 
were.'' 418
---------------------------------------------------------------------------
    \418\ Id. at 134.
---------------------------------------------------------------------------
    The President was also asked about his specific statement 
to Betty Currie that ``you could see and hear everything.'' He 
testified that he was uncertain what he intended by that 
comment:
          Q: When you said to Mrs. Currie, you could see and 
        hear everything, that wasn't true either, was it, as 
        far as you knew. You've already--* * *
          WJC: * * * My memory of that was that, that she had 
        the ability to hear what was going on if she came in 
        the Oval Office from her office. And a lot of times, 
        you know, when I was in the Oval Office, she just had 
        the door open to her office. Then there was--the door 
        was never completely closed to the hall. So I think 
        there was--I'm not entirely sure what I meant by that, 
        but I could have meant that she generally would be able 
        to hear conversations, even if she couldn't see them. 
        And I think that's what I meant.419
---------------------------------------------------------------------------
    \419\ Id. at 134-35 (emphasis added).
---------------------------------------------------------------------------
    The President then testified that when he made the comment 
to Ms. Currie about her being able to hear everything, he again 
was referring to only a limited period of time:
          Q: * * * you would not have engaged in those 
        physically intimate acts if you knew that Mrs. Currie 
        could see or hear that, is that correct?
          WJC: That's correct. But keep in mind, sir, I was 
        talking about 1997. That occurred, to the--and I 
        believe that occurred only once in February of 1997. I 
        stopped it. I never should have started it, and I 
        certainly shouldn't have started it back after I 
        resolved not to in 1996. And I was referring to 1997.
          And I--what--as I say, I do not know--her memory and 
        mine may be somewhat different. I do not know whether I 
        was asking her about a particular time when Monica was 
        upset and I asked her to stand, stay back in the dining 
        area. Or whether I was, had reference to the fact that 
        if she kept the door open to the Oval Office, because 
        it was always--the door to the hallway was always 
        somewhat open, that she would always be able to hear 
        something if anything went on that was, you know, too 
        loud, or whatever.
          I do not know what I meant. I'm just trying to 
        reconcile the two statements as best I can, without 
        being sure.420
---------------------------------------------------------------------------
    \420\ Id. at 136-37.
---------------------------------------------------------------------------
    The President was also asked about his comment to Ms. 
Currie that Ms. Lewinsky had ``come on'' to him, but that he 
had ``never touched her'':
          Q: * * * [I]f [Ms. Currie] testified that you told 
        her, Monica came on to me and I never touched her, you 
        did, in fact, of course, touch Ms. Lewinsky, isn't that 
        right, in a physically intimate way?
          WJC: Now, I've testified about that. And that's one 
        of those questions that I believe is answered by the 
        statement that I made.421
---------------------------------------------------------------------------
    \421\ The President is referring to the statement he read at the 
beginning of his grand jury appearance.
---------------------------------------------------------------------------
          Q: What was your purpose in making these statements 
        to Mrs. Currie, if it weren't for the purpose to try to 
        suggest to her what she should say if ever asked?
          WJC: Now, Mr. Bittman, I told you, the only thing I 
        remember is when all this stuff blew up, I was trying 
        to figure out what the facts were. I was trying to 
        remember. I was trying to remember every time I had 
        seen Ms. Lewinsky.
          * * * I knew this was all going to come out * * * . I 
        did not know [at the time] that the Office of 
        Independent Counsel was involved. And I was trying to 
        get the facts and try to think of the best defense we 
        could construct in the face of what I thought was going 
        to be a media onslaught.422
---------------------------------------------------------------------------
    \422\ Id. at 139-40 (emphasis added).
---------------------------------------------------------------------------
    Finally, the President was asked why he would have called 
Ms. Currie into his office a few days after the Sunday meeting 
and repeated the statements about Ms. Lewinsky to her. The 
President testified that although he would not dispute Ms. 
Currie's testimony to the contrary, he did not remember having 
a second conversation with her along these lines.423
---------------------------------------------------------------------------
    \423\ Id. at 141-42.
---------------------------------------------------------------------------

                               C. Summary

    The President referred to Ms. Currie on multiple occasions 
in his civil deposition when describing his relationship with 
Ms. Lewinsky. As he himself recognized, a large number of 
questions about Ms. Lewinsky were likely to be asked in the 
very near future. The President thus could foresee that Ms. 
Currie either might be deposed or questioned or might need to 
prepare an affidavit.
    The President called her shortly after the deposition and 
met with Ms. Currie the next day. The President appeared 
``concerned,'' according to Ms. Currie. He then informed Ms. 
Currie that questions about Ms. Lewinsky had been asked at the 
deposition.
    The statements the President made to her on January 18 and 
again on January 20 or 21--that he was never alone with Ms. 
Lewinsky, that Ms. Currie could always hear or see them, and 
that he never touched Ms. Lewinsky--were false, but consistent 
with the testimony that the President provided under oath at 
his deposition. The President knew that the statements were 
false at the time he made them to Ms. Currie. The President's 
suggestion that he was simply trying to refresh his memory when 
talking to Ms. Currie conflicts with common sense: Ms. Currie's 
confirmation of false statements could not in any way remind 
the President of the facts. Thus, it is not plausible that he 
was trying to refresh his recollection.
    The President's grand jury testimony reinforces that 
conclusion. He testified that in asking questions of Ms. Currie 
such as ``We were never alone, right'' and ``Monica came on to 
me, and I never touched her, right,'' he intended a date 
restriction on the questions. But he did not articulate a date 
restriction in his conversations with Ms. Currie. Moreover, 
with respect to some aspects of this incident, the President 
was unable to devise any innocent explanation, testifying that 
he did not know why he had asked Ms. Currie some questions and 
admitting that he was ``just trying to reconcile the two 
statements as best [he could].'' On the other hand, if the most 
reasonable inference from the President's conduct is drawn--
that he was attempting to enlist a witness to back up his false 
testimony from the day before--his behavior with Ms. Currie 
makes complete sense.
    The content of the President's statements and the context 
in which those statements were made provide substantial and 
credible information that President Clinton sought improperly 
to influence Ms. Currie's testimony. Such actions constitute an 
obstruction of justice and improper influence on a witness.


X. There is substantial and credible information that President Clinton 
     endeavored to obstruct justice during the federal grand jury 
     investigation. While refusing to testify for seven months, he 
simultaneously lied to potential grand jury witnesses knowing that they 
             would relay the falsehoods to the grand jury.

    The President's grand jury testimony followed seven months 
of investigation in which he had refused six invitations to 
testify before the grand jury. During this period, there was no 
indication that the President would admit any sexual 
relationship with Ms. Lewinsky. To the contrary, the President 
vehemently denied the allegations.
    Rather than lie to the grand jury himself, the President 
lied about his relationship with Ms. Lewinsky to senior aides, 
and those aides then conveyed the President's false story to 
the grand jury.424
---------------------------------------------------------------------------
    \424\ Two federal criminal statutes, Sections 1512 and 1503 of 
Title 18 of the United States Code, prohibit misleading potential 
witnesses with the intent to influence their grand jury testimony. 
Section 1512 provides that whoever ``corruptly * * * engages in 
misleading conduct toward another person, with intent to--(1) 
influence, delay, or prevent the testimony of any person in an official 
proceeding * * * shall be fined under this title or imprisoned not more 
than ten years, or both.'' 18 U.S.C. Sec. 1512(b). It is no defense to 
a charge of witness tampering that the official proceeding had not yet 
begun, nor is it a defense that the testimony sought to be influenced 
turned out to be inadmissible or subject to a claim of privilege. 18 
U.S.C. Sec. 1512(e).
    Section 1503 provides that whoever ``corruptly or by threats or 
force * * * influences, obstructs, or impedes or endeavors to 
influence, obstruct, or impede the due administration of justice'' has 
committed a felony. 18 U.S.C. Sec. 1503(a)-(b).
    The Governor of Guam was convicted of witness tampering for lying 
to a potential witness ``intending that [the witness] would offer [the 
Governor's] explanation concerning the [illegally used] funds to the 
FBI.'' United States v. Bordallo, 857 F.2d 519, 525 (9th Cir. 1988), 
amended on other grounds, 872 F.2d 334 (9th Cir.), cert. denied, 493 
U.S. 818 (1989).
---------------------------------------------------------------------------
    In this case, the President lied to, among others, three 
current senior aides--John Podesta, Erskine Bowles, and Sidney 
Blumenthal--and one former senior aide, Harold Ickes. The 
President denied any kind of sexual relationship with Monica 
Lewinsky; said that Ms. Lewinsky had made a sexual demand on 
him; and denied multiple telephone conversations with Monica 
Lewinsky. The President, by his own later admission, was aware 
that his aides were likely to convey the President's version of 
events to the grand jury.
    The President's aides took the President at his word when 
he made these statements. Each aide then testified to the 
nature of the relationship between Monica Lewinsky and the 
President based on those statements--without knowing that they 
were calculated falsehoods by the President designed to 
perpetuate the false statements that the President made during 
his deposition in the Jones case.
    The aides' testimony provided the grand jury a false 
account of the relationship between the President and Ms. 
Lewinsky. Their testimony thus had the potential to affect the 
investigation--including decisions by the OIC and grand jury 
about how to conduct the investigation (for example, whether to 
subpoena Secret Service agents) and whether to indict 
particular individuals.

              a. the testimony of current and former aides

1. John Podesta
    John Podesta, Deputy Chief of Staff,425 
testified that on several occasions shortly after the media 
first began reporting the Lewinsky allegations, the President 
either denied having a relationship with Ms. Lewinsky or 
otherwise minimized his involvement with her.
---------------------------------------------------------------------------
    \425\ Podesta 2/5/98 GJ at 13. Mr. Podesta has served as Deputy 
Chief of Staff since January 1997, and previously served as Staff 
Secretary for the Clinton Administration from 1993 through 1995. 
Podesta 2/5/98 GJ at 9-10.
---------------------------------------------------------------------------
    Mr. Podesta described a meeting with the President, Chief 
of Staff Erskine Bowles, and Deputy Chief of Staff Sylvia 
Matthews, in the morning of January 21, 1998.426 
During that meeting, the President stated: ``Erskine, I want 
you to know that this story is not true.'' 427 Mr. 
Podesta further recalled that the President said ``that he had 
not had a sexual relationship with her, and that he never asked 
anybody to lie.'' 428
---------------------------------------------------------------------------
    \426\ Podesta 6/16/98 GJ at 84-85.
    \427\ Id. at 85.
    \428\ Id.
---------------------------------------------------------------------------
    Several days later, on January 23, 1998, the President more 
adamantly told Mr. Podesta that he had not engaged in sex of 
any ``kind, shape or manner'' with Ms. Lewinsky. Mr. Podesta 
recalled:
          JP: [H]e said to me that he had never had sex with 
        her, and that--and that he never asked--you know, he 
        repeated the denial, but he was extremely explicit in 
        saying he never had sex with her.
          Q: How do you mean?
          JP: Just what I said.
          Q: Okay. Not explicit, in the sense that he got more 
        specific than sex, than the word ``sex.''
          JP: Yes, he was more specific than that.
          Q: Okay. Share that with us.
          JP: Well, I think he said--he said that--there was 
        some spate of, you know, what sex acts were counted, 
        and he said that he had never had sex with her in any 
        way whatsoever----
          Q: Okay.
          JP: ----that they had not had oral sex.429
---------------------------------------------------------------------------
    \429\ Id. at 92 (emphasis added).
---------------------------------------------------------------------------
    Later, possibly that same day,430 the President 
made a further statement to Mr. Podesta regarding his 
relationship with Ms. Lewinsky. Mr. Podesta testified that the 
President ``said to me that after [Monica] left [her job at the 
White House], that when she had come by, she came by to see 
Betty, and that he--when she was there, either Betty was with 
them--either that she was with Betty when he saw her or that he 
saw her in the Oval Office with the door open and Betty was 
around--and Betty was out at her desk.'' 431 The 
President relayed to Mr. Podesta one of the false ``cover 
stories'' that the President and Ms. Lewinsky had agreed to 
use.
---------------------------------------------------------------------------
    \430\ Mr. Podesta dated this conversation as perhaps taking place 
on January 23, 1998. Podesta 6/16/98 GJ at 88.
    \431\ Id. at 88.
---------------------------------------------------------------------------
    Both the President and Mr. Podesta knew that Mr. Podesta 
was likely to be a witness in the ongoing grand jury criminal 
investigation.432 Nonetheless, Mr. Podesta recalled 
that the President ``volunteered'' to provide information about 
Ms. Lewinsky to him 433 even though Mr. Podesta had 
not asked for these details.434
---------------------------------------------------------------------------
    \432\ Mr. Podesta testified that he was ``sensitive about not 
exchanging information because I knew I was a potential witness.'' 
Podesta 6/23/98 GJ at 79.
    \433\ Podesta 6/16/98 GJ at 94; see also Podesta 6/23/98 GJ at 79.
    \434\ See Id. at 79 (emphasis added).
---------------------------------------------------------------------------
    Mr. Podesta ``believe[d]'' the President, and testified 
that it was important to him that the President denied the 
affair.435 Mr. Podesta repeated to the grand jury 
the false and misleading statements that the President told 
him.
---------------------------------------------------------------------------
    \435\ Podesta 6/23/98 GJ at 77-78.
---------------------------------------------------------------------------

2. Erskine Bowles

    Mr. Bowles, the White House Chief of Staff,436 
confirmed Mr. Podesta's account of the President's January 21, 
1998, statement in which the President denied having a sexual 
relationship with Ms. Lewinsky. Mr. Bowles testified:
---------------------------------------------------------------------------
    \436\ Bowles 4/2/98 GJ at 12. Mr. Bowles has been the Chief of 
Staff for President Clinton since January 20, 1997. Id.
---------------------------------------------------------------------------
          EB: And this was the day this huge story breaks. And 
        the three of us walked in together--Sylvia Matthews, 
        John Podesta, and me--into the Oval Office, and the 
        President was standing behind his desk.
          Q: About what time of day is this?
          EB: This is approximately 9:00 in the morning, or 
        something--you know, in that area. And he looked up at 
        us and he said the same thing he said to the American 
        people. He said, ``I want you to know I did not have 
        sexual relationships [sic] with this woman Monica 
        Lewinsky. I did not ask anybody to lie. And when the 
        facts come out, you'll understand.'' 437
---------------------------------------------------------------------------
    \437\ Id. at 83-84 (emphasis added).
---------------------------------------------------------------------------
    Mr. Bowles testified that he took the President's 
statements seriously: ``All I can tell you is: This guy who 
I've worked for looked me in the eye and said he did not have 
sexual relationships with her. And if I didn't believe him, I 
couldn't stay. So I believe him.'' 438 Mr. Bowles 
repeated the President's false and misleading statement to the 
grand jury.
---------------------------------------------------------------------------
    \438\ Id. at 91.
---------------------------------------------------------------------------

3. Sidney Blumenthal

    Sidney Blumenthal, an Assistant to the 
President,439 similarly testified that the President 
made statements to him denying the Lewinsky allegations shortly 
after the first media report.
---------------------------------------------------------------------------
    \439\ Blumenthal 2/26/98 GJ at 4-5.
---------------------------------------------------------------------------
    Mr. Blumenthal stated that he spoke to Mrs. Clinton on the 
afternoon of January 21, 1998, and to the President early that 
evening. During those conversations, both the President and 
Mrs. Clinton offered an explanation for the President's 
meetings with Ms. Lewinsky, and President Clinton offered an 
explanation for Ms. Lewinsky's allegations of a sexual 
relationship.440
---------------------------------------------------------------------------
    \440\ Blumenthal 6/4/98 GJ at 46-53.
---------------------------------------------------------------------------
    Testifying before the grand jury, Mr. Blumenthal related 
his discussion with President Clinton:

          I said to the President, ``What have you done 
        wrong?'' And he said, ``Nothing. I haven't done 
        anything wrong.'' * * * And it was at that point that 
        he gave his account of what had happened to me and he 
        said that Monica--and it came very fast. He said, 
        ``Monica Lewinsky came at me and made a sexual demand 
        on me.'' He rebuffed her. He said, ``I've gone down 
        that road before, I've caused pain for a lot of people 
        and I'm not going to do that again.''
          She threatened him. She said that she would tell 
        people they'd had an affair, that she was known as the 
        stalker among her peers, and that she hated it and if 
        she had an affair or said she had an affair then she 
        wouldn't be the stalker any more.441
---------------------------------------------------------------------------
    \441\ Blumenthal 6/4/98 GJ at 49 (emphasis added).
---------------------------------------------------------------------------
Mr. Blumenthal testified that the President appeared ``upset'' 
during this conversation.442
---------------------------------------------------------------------------
    \442\ Blumenthal 6/25/98 GJ at 41.
---------------------------------------------------------------------------
    Finally, Mr. Blumenthal asked the President to explain 
alleged answering machine messages (a detail mentioned in press 
reports).

          He said that he remembered calling her when Betty 
        Currie's brother died and that he left a message on her 
        voice machine that Betty's brother had died and he said 
        she was close to Betty and had been very kind to Betty. 
        And that's what he recalled.443
---------------------------------------------------------------------------
    \443\ Blumenthal 6/4/98 GJ at 50.
---------------------------------------------------------------------------
According to Mr. Blumenthal, the President said that the call 
he made to Ms. Lewinsky relating to Betty's brother was the 
``only one he could remember.'' 444 That was false: 
The President and Ms. Lewinsky talked often on the phone, and 
the subject matter of the calls was memorable.
---------------------------------------------------------------------------
    \444\ Blumenthal 6/25/98 GJ at 27.
---------------------------------------------------------------------------
    A grand juror asked Mr. Blumenthal whether the President 
had said that his relationship with Ms. Lewinsky included any 
kind of sexual activity. Mr. Blumenthal testified that the 
President's response was ``the opposite. He told me that she 
came on to him and that he had told her he couldn't have sexual 
relations with her and that she threatened him. That is what he 
told me.'' 445
---------------------------------------------------------------------------
    \445\ Blumenthal 6/4/98 GJ at 52 (emphasis added).
---------------------------------------------------------------------------
    Mr. Blumenthal testified that after the President relayed 
this information to him, he ``certainly believed his story. It 
was a very heartfelt story, he was pouring out his heart, and I 
believed him.'' 446 Mr. Blumenthal repeated to the 
grand jury the false statements that the President made to him.
---------------------------------------------------------------------------
    \446\ Blumenthal 6/25/98 GJ at 17. See also Blumenthal 6/25/98 GJ 
at 26 (``My understanding was that the accusations against him which 
appeared in the press that day were false, that he had not done 
anything wrong'').
---------------------------------------------------------------------------

4. Harold Ickes

    Mr. Ickes, a former Deputy Chief of Staff,447 
also related to the grand jury a conversation that he had with 
the President on the morning of January 26, 1998,448 
during which the President denied the Lewinsky allegations.
---------------------------------------------------------------------------
    \447\ Ickes 7/23/98 GJ at 8. Mr. Ickes worked as Deputy Chief of 
Staff for President Clinton from early 1994 through January 1997. Id.
    \448\ Ickes 6/10/98 GJ at 21-22, 66 (meeting occurred on Monday 
following the week that the media first reported the Lewinsky story).
---------------------------------------------------------------------------
    Regarding that conversation, Mr. Ickes testified: ``The two 
things that I recall, the two things that he again repeated in 
public--had already said publicly and repeated in public that 
same Monday morning was that he had not had--he did not have 
a--or he had not had a sexual relationship with Ms. Lewinsky 
and that he had done nothing--now I'm paraphrasing--had done 
nothing to ask anybody to change their story or suborn perjury 
or obstruct justice.'' 449
---------------------------------------------------------------------------
    \449\ Ickes 6/10/98 GJ at 73 (emphasis added). See also Ickes 8/5/
98 GJ at 88 (``[H]e denied to me that he had had a sexual relationship. 
I don't know the exact phrase, but the word `sexual' was there. And he 
denied any obstruction of justice'').
---------------------------------------------------------------------------
    Mr. Ickes recalled that the President probably volunteered 
this information.450 Mr. Ickes repeated the 
President's false statements to the grand jury.
---------------------------------------------------------------------------
    \450\ Ickes 6/10/98 GJ at 73.
---------------------------------------------------------------------------

                B. The President's Grand Jury Testimony

    The President admitted to the grand jury that, after the 
allegations were publicly reported, he made ``misleading'' 
statements to particular aides whom he knew would likely be 
called to testify before the grand jury. The President 
testified as follows:
          Q: Do you recall denying any sexual relationship with 
        Monica Lewinsky to the following people: Harry 
        Thomasson, Erskine Bowles, Harold Ickes, Mr. Podesta, 
        Mr. Blumenthal, Mr. Jordan, Ms. Betty Currie? Do you 
        recall denying any sexual relationship with Monica 
        Lewinsky to those individuals?
          WJC: I recall telling a number of those people that I 
        didn't have, either I didn't have an affair with Monica 
        Lewinsky or didn't have sex with her. And I believe, 
        sir, that--you'll have to ask them what they thought. 
        But I was using those terms in the normal way people 
        use them. You'll have to ask them what they thought I 
        was saying.
          Q: If they testified that you denied sexual 
        relationship with Monica Lewinsky, or if they told us 
        that you denied that, do you have any reason to doubt 
        them, in the days after the story broke; do you have 
        any reason to doubt them?
          WJC: No.
    The President then was specifically asked whether he knew 
that his aides were likely to be called before the grand jury.
          Q: It may have been misleading, sir, and you knew 
        though, after January 21st when the Post article broke 
        and said that Judge Starr was looking into this, you 
        knew that they might be witnesses. You knew that they 
        might be called into a grand jury, didn't you?
          WJC: That's right. I think I was quite careful what I 
        said after that. I may have said something to all these 
        people to that effect, but I'll also--whenever anybody 
        asked me any details, I said, look, I don't want you to 
        be a witness or I turn you into a witness or give you 
        information that would get you in trouble. I just 
        wouldn't talk. I, by and large, didn't talk to people 
        about this.
          Q: If all of these people--let's leave out Mrs. 
        Currie for a minute. Vernon Jordan, Sid Blumenthal, 
        John Podesta, Harold Ickes, Erskine Bowles, Harry 
        Thomasson, after the story broke, after Judge Starr's 
        involvement was known on January 21st, have said that 
        you denied a sexual relationship with them. Are you 
        denying that?
          WJC: No.
          Q: And you've told us that you----
          WJC: I'm just telling you what I meant by it. I told 
        you what I meant by it when they started this 
        deposition.
          Q: You've told us now that you were being careful, 
        but that it might have been misleading. Is that 
        correct?
          WJC: It might have been. * * * So, what I was trying 
        to do was to give them something they could--that would 
        be true, even if misleading in the context of this 
        deposition, and keep them out of trouble, and let's 
        deal--and deal with what I thought was the almost 
        ludicrous suggestion that I had urged someone to lie or 
        tried to suborn perjury, in other words.451
---------------------------------------------------------------------------
    \451\ Clinton 8/17/98 GJ at 105-109 (emphasis added).
---------------------------------------------------------------------------

                               C. Summary

    The President made the following misleading statements to 
his aides:
           The President told Mr. Podesta that he had 
        not engaged in sex ``in any way whatsoever'' with Ms. 
        Lewinsky, ``including oral sex''.
           The President told Mr. Podesta, Mr. Bowles, 
        and Mr. Ickes that he did not have a ``sexual 
        relationship'' with Ms. Lewinsky.
           The President told Mr. Podesta that ``when 
        [Ms. Lewinsky] came by, she came by to see Betty 
        [Currie].''
           The President told Mr. Blumenthal that Ms. 
        Lewinsky ``came on to him and that he had told her he 
        couldn't have sexual relations with her and that she 
        threatened him.''
           The President told Mr. Blumenthal that he 
        couldn't remember making any calls to Ms. Lewinsky 
        other than once when he left a message on her answering 
        machine.
    During the President's grand jury testimony, the President 
admitted that his statements to aides denying a sexual 
relationship with Ms. Lewinsky ``may have been misleading.'' 
452 The President also knew his aides likely would 
be called to testify regarding any communications with him 
about Ms. Lewinsky. And he presumably expected his aides to 
repeat his statements regarding Ms. Lewinsky to all 
questioners, including to the grand jury. Finally, he himself 
refused to testify for many months. The combination of the 
President's silence and his deception of his aides had the 
effect of presenting a false view of events to the grand jury.
---------------------------------------------------------------------------
    \452\ Id. at 107.
---------------------------------------------------------------------------
    The President says that at the time he spoke to his aides, 
he chose his words with great care so that, in his view, his 
statements would be literally true because he was referring 
only to intercourse. That explanation is undermined by the 
President's testimony before the grand jury that his denials 
``may have been misleading'' and by the contradictory testimony 
by the aides themselves--particularly John Podesta, who says 
that the President specifically denied oral sex with Ms. 
Lewinsky. Moreover, on January 24, 1998, the White House issued 
talking points for its staff, and those talking points refute 
the President's literal truth argument: The talking points 
state as the President's view the belief that a relationship 
that includes oral sex is ``of course'' a ``sexual 
relationship.'' 453
---------------------------------------------------------------------------
    \453\ 1512-DC-00000037.
---------------------------------------------------------------------------
    For all of these reasons, there is substantial and credible 
information that the President improperly tampered with 
witnesses during the grand jury investigation.

   XI. There is substantial and credible information that President 
 Clinton's actions since January 17, 1998, regarding his relationship 
   with Monica Lewinsky have been inconsistent with the President's 
          constitutional duty to faithfully execute the laws.

    Before, during, and after his January 17, 1998, civil 
deposition, the President attempted to conceal the truth about 
his relationship with Ms. Lewinsky from the judicial process in 
the Jones case. Furthermore, the President has since lied under 
oath to the grand jury and facilitated the provision of false 
information to the grand jury by others.
    The President also misled the American people and the 
Congress in his public statement of January 26, 1998, in which 
he denied ``sexual relations'' with Ms. Lewinsky. The President 
misled his Cabinet and his senior aides by denying the 
relationship to them. The Cabinet and senior aides in turn 
misled the American people and the Congress by conveying the 
President's denials and professing their belief in the 
credibility of those denials.
    The President promised in January 1998 to cooperate fully 
with the grand jury investigation and to provide ``more rather 
than less, sooner rather than later.'' At that time, the OIC 
was conducting a criminal investigation and was obligated to 
report to Congress any substantial and credible information 
that may constitute grounds for an impeachment.
    The President's conduct delayed the grand jury 
investigation (and thereby delayed any potential congressional 
proceedings). He asserted, appealed, withdrew, and reasserted 
Executive Privilege (and asserted other governmental privileges 
never before applied in federal criminal proceedings against 
the government). The President asserted these privileges 
concerning the investigation of factual questions about which 
the President already knew the answers. The President refused 
six invitations to testify voluntarily before the grand jury. 
At the same time, the President's aides and surrogates argued 
publicly that the entire matter was frivolous and that any 
investigation of it should cease.
    After being subpoenaed in July, the President made false 
statements to the grand jury on August 17, 1998. That night, 
the President again made false statements to the American 
people and Congress, contending that his answers in his civil 
deposition had been ``legally accurate.'' The President then 
made an implicit plea for Congress to take no action: ``Our 
country has been distracted by this matter for too long.'' 
454
---------------------------------------------------------------------------
    \454\ Text of President's Address to Nation, reprinted in 
Washington Post, August 18, 1998, at A5.
---------------------------------------------------------------------------
    The President has pursued a strategy of (i) deceiving the 
American people and Congress in January 1998, (ii) delaying and 
impeding the criminal investigation for seven months, and (iii) 
deceiving the American people and Congress again in August 
1998.

  a. beginning on january 21, 1998, the president misled the american 
 people and congress regarding the truth of his relationship with ms. 
                               lewinsky.

    On January 21, 1998, the day the Washington Post first 
reported the Lewinsky matter, the President talked to his long-
time advisor Dick Morris. With the President's approval, Mr. 
Morris commissioned a poll that evening. The results indicated 
that voters were willing to forgive the President for adultery 
but not for perjury or obstruction of justice.455 
When the President telephoned him that evening, Mr. Morris 
explained that the President thus should not go public with a 
confession or explanation.456 According to Mr. 
Morris, the President replied, ``Well, we just have to win, 
then.'' 457
---------------------------------------------------------------------------
    \455\ Morris 8/18/98 GJ at 28.
    \456\ Id. at 30.
    \457\ Id. (emphasis added).
---------------------------------------------------------------------------
    The next evening, the President dissuaded Mr. Morris from 
any plan to ``blast[ ] Monica Lewinsky `out of the water.' '' 
The President indicated that ``there's some slight chance that 
she may not be cooperating with Starr and we don't want to 
alienate her.'' 458
---------------------------------------------------------------------------
    \458\ Id. at 35.
---------------------------------------------------------------------------
    The President himself spoke publicly about the matter 
several times in the initial days after the story broke. On 
January 26, the President was definitive: ``I want to say one 
thing to the American people. I want you to listen to me. I'm 
going to say this again: I did not have sexual relations with 
that woman, Miss Lewinsky. I never told anybody to lie, not a 
single time. Never. These allegations are false.'' 
459
---------------------------------------------------------------------------
    \459\ Televised Remarks by President Clinton at the White House 
Education News Conference, Monday, January 26, 1998, 10:17 a.m.
---------------------------------------------------------------------------
    The President's emphatic denial to the American people was 
false. And his statement was not an impromptu comment in the 
heat of a press conference. To the contrary, it was an 
intentional and calculated falsehood to deceive the Congress 
and the American people.460
---------------------------------------------------------------------------
    \460\ Other than Ms. Lewinsky's status and age, several aspects of 
the relationship could have raised public concerns.
    First, Ms. Lewinsky lost her job at the White House in April 1996 
and was transferred to the Pentagon. Under oath, Ms. Lewinsky was 
asked: ``Do you believe that if you hadn't had a sexual relationship 
with the President that you would have kept your job at the White 
House?'' She answered: ``Yes.'' Lewinsky 8/26/98 Depo. at 60.
    Second, Ms. Lewinsky was asked, ``Do you believe that your 
difficulty or inability to return to employment at the White House was 
because of your sexual relationship with him?'' She answered: ``Yes. Or 
the issues that, or that the problems that people perceived that really 
were based in truth because I had a relationship with the President.'' 
Lewinsky 8/26/98 Depo. at 60.
    Third, in late 1997, the President saw to it that Ms. Lewinsky 
received extraordinary job assistance. Such assistance might have been 
tied to her involvement in the Jones case, as discussed earlier, as 
well as a benefit to an ex-paramour. If the latter was a factor, then 
the President's actions discriminated against all of those interns and 
employees who did not receive the same benefit.
---------------------------------------------------------------------------

    B. The First Lady, the Cabinet, the President's staff, and the 
     President's associates relied on and publicly emphasized the 
                          President's denial.

    After the President lied to the American people, the 
President's associates argued that the allegations against the 
President were false and even scurrilous.
    Mrs. Clinton forcefully denied the allegations on January 
27, 1998, one day after the President's public denial. She 
admitted that the American people ``should certainly be 
concerned'' if a President had an affair and lied to cover it 
up. She acknowledged that it would be a ``very serious 
offense.'' But she emphasized that the allegations were false--
a ``pretty bad'' smear. She noted that the President ``has 
denied these allegations on all counts, unequivocally.'' And 
Mrs. Clinton shifted the focus away from the President, 
indicated that ``this is a battle'' and stated that ``some 
folks are going to have a lot to answer for'' when the facts 
come out.461
---------------------------------------------------------------------------
    \461\ NBC News, ``Today'' Show, interview with Mrs. Clinton by Matt 
Lauer, Jan. 27, 1998, 1998 WL 5261146.
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    The most senior officials in the Executive Branch served as 
additional (albeit unwitting) agents of the President's 
deception. The Cabinet and White House aides stated 
emphatically that the allegations were false. For example, 
White House spokesperson Michael McCurry was asked whether the 
President's denial covered all forms of sexual contact, and Mr. 
McCurry stated that ``I think every American that heard him 
knows exactly what he meant.'' 462 So, too, White 
House Communications Director Ann Lewis said on January 26, 
1998: ``I can say with absolute assurance the President of the 
United States did not have a sexual relationship because I have 
heard the President of the United States say so. He has said 
it, he could not be more clear. He could not have been more 
direct.'' 463 She added: ``Sex is sex, even in 
Washington. I've been assured.'' 464
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    \462\ Associated Press, Jan. 27, 1998, 1998 WL 7380187.
    \463\ Nightline, Jan. 26, 1998, 1998 WL 5372969.
    \464\ Associated Press, Jan. 26, 1998.
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    After a Cabinet meeting on January 23, 1998, in which the 
President offered denials, several members of the Cabinet 
appeared outside the White House. Secretary of State Albright 
stated: ``I believe that the allegations are completely 
untrue.'' 465 Coupled with the President's firm 
denial, the united front of the President's closest advisors 
helped shape perception of the issue.
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    \465\ Schmidt and Baker, Ex-Intern Rejected Immunity Offer in 
Probe, Washington Post, Jan. 24, 1998, at A1.

   C. The President repeatedly and unlawfully invoked the Executive 
Privilege to conceal evidence of his personal misconduct from the grand 
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                                 jury.

    When the allegations about Ms. Lewinsky first arose, the 
President informed the American people that he would cooperate 
fully. He told Jim Lehrer that ``we are doing our best to 
cooperate here.'' 466 He told National Public Radio 
that ``I have told people that I would cooperate in the 
investigation, and I expect to cooperate with it * * * . I'm 
going to do my best to cooperate with the investigation.'' 
467 He told Roll Call ``I'm going to cooperate with 
this investigation * * * . And I'll cooperate.'' 468
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    \466\ ``The NewsHour with Jim Lehrer,'' PBS, Jan. 21, 1998, 1998 WL 
8056086. The President stated later in the interview: ``I'll do my best 
to help them get to the bottom of it.''
    \467\ All Things Considered, National Public Radio, Jan. 21, 1998, 
1998 WL 3643482.
    \468\ Roll Call Interview, Jan. 21, 1998, 1998 WL 5682372.
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    Such cooperation did not occur. The White House's approach 
to the constitutionally based principle of Executive Privilege 
most clearly exposed the non-cooperation. In 1994, White House 
Counsel Lloyd Cutler issued an opinion that the Clinton 
Administration would not invoke Executive Privilege for cases 
involving personal wrongdoing by any government 
official.469 By 1998, however, the President had 
blended the official and personal dimensions to the degree that 
the President's private counsel stated in a legal brief filed 
in the U.S. Court of Appeals for the District of Columbia 
Circuit: ``In a very real and significant way, the objectives 
of William J. Clinton, the person, and his Administration (the 
Clinton White House) are one and the same.'' 470
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    \469\ Lloyd N. Cutler, Legal Opinion of September 28, 1994.
    \470\ Brief for President Clinton, filed June 15, 1998, at 30, In 
re Lindsey, 148 F.3d 1100 (D.C. Cir. 1998).
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    After the Monica Lewinsky investigation began, the 
President invoked Executive Privilege for the testimony of five 
witnesses: Bruce Lindsey, Cheryl Mills, Nancy Hernreich, Sidney 
Blumenthal, and Lanny Breuer. These claims were patently 
groundless. Even for official communications within the scope 
of the privilege, the Supreme Court ruled unanimously in 1974 
in United States v. Nixon 471 that the Executive 
Privilege gives way in the face of the compelling need for 
evidence in criminal proceedings.
---------------------------------------------------------------------------
    \471\ 418 U.S. 683 (1974).
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    The President's assertion of Executive Privilege for Ms. 
Hernreich, an assistant who manages the secretarial work for 
the Oval Office,472 was frivolous. At the time that 
the President was asserting Executive Privilege for one 
assistant, the President's other assistant (Betty Currie) had 
already testified extensively.
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    \472\ Hernreich 2/25/98 GJ at 5-7.
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    Based on Nixon, the OIC filed a motion to compel the 
testimony of Hernreich, Lindsey, and Blumenthal. The United 
States District Court held a hearing on March 20. Just before 
the hearing, the White House--without explanation--dropped its 
Executive Privilege claim as to Ms. Hernreich.473
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    \473\ Even though the White House later withdrew the claim, the 
mere assertion of Executive Privilege as to Ms. Hernreich is important. 
Such an invocation causes a needless, but substantial, expenditure of 
litigation resources and delays and impedes the grand jury process. The 
overuse of Executive Privilege against the United States in the 
criminal process thus ultimately hinders the faithful execution of the 
laws--as the Supreme Court unanimously recognized twenty-four years ago 
in United States v. Nixon.
---------------------------------------------------------------------------
    On May 4, 1998, Chief Judge Norma Holloway Johnson ruled 
against the President on the Executive Privilege issue. 
474 After the White House filed a notice of appeal, 
the OIC filed an expedited petition for certiorari before 
judgment in the Supreme Court. The President thereupon dropped 
his claim of Executive Privilege.
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    \474\ In re Grand Jury Proceeding, 5 F. Supp. 2d 21 (D.D.C. 1998).
---------------------------------------------------------------------------
    The tactics employed by the White House have not been 
confined to the judicial process. On March 24, while the 
President was traveling in Africa, he was asked about the 
assertion of Executive Privilege. He responded, ``You should 
ask someone who knows.'' He also stated ``I haven't discussed 
that with the lawyers. I don't know.'' 475
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    \475\ John F. Harris, Clinton Finds There's No Escape; In Africa, 
President Sidesteps Executive Privilege Questions, Wash. Post, Mar. 25, 
1998, at A2.
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    This was untrue. Unbeknownst to the public, in a 
declaration filed in District Court on March 17 (seven days 
before the President's public expression of ignorance), White 
House Counsel Charles F.C. Ruff informed Chief Judge Johnson 
that he ``ha[d] discussed'' the matter with the President, who 
had directed the assertion of Executive Privilege. 
476
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    \476\ Declaration of Charles F.C. Ruff at para. 56 (Mar. 17, 1998).
---------------------------------------------------------------------------
    The deception has continued. Because the President withdrew 
his Executive Privilege claim while the case was pending in the 
Supreme Court of the United States, it was assumed that the 
President would no longer assert Executive Privilege. But that 
assumption proved incorrect. White House attorney Lanny Breuer 
appeared before the grand jury on August 4, 1998, and invoked 
Executive Privilege. He would not answer, for example, whether 
the President had told him about his relationship with Monica 
Lewinsky and whether they had discussed the gifts he had given 
to Monica Lewinsky. 477 On August 11, 1998, Chief 
Judge Johnson denied the Executive Privilege claim as a basis 
for refusing to testify, and ordered Mr. Breuer to testify. 
478
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    \477\ Breuer 8/4/98 GJ at 96-97, 108-09.
    \478\ In re Grand Jury Proceedings, Unpublished Order (under seal), 
August 11, 1998.
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    On August 11, 1998, Deputy White House Counsel Cheryl Mills 
testified and repeatedly asserted Executive Privilege at the 
President's direction. 479 The breadth of the claim 
was striking: The privilege was asserted not only for Ms. 
Mills's communications with the President, senior staff, and 
staff members of the White House Counsel's Office--but also for 
Ms. Mills's communications with private lawyers for the 
President, private lawyers for grand jury witnesses, and Betty 
Currie. 480
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    \479\ Mills 8/11/98 GJ at 53-54.
    \480\ Id. at 53, 54, 64-66, 71-74, 77-78.
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    On August 17, the President testified before the grand 
jury. At the request of a grand juror, the OIC asked the 
President about his assertions of Executive Privilege and why 
he had withdrawn the claim before the Supreme Court. The 
President replied that ``I didn't really want to advance an 
executive privilege claim in this case beyond having it 
litigated, so that we, we had not given up on principal [sic] 
this matter, without having some judge rule on it * * *. I 
strongly felt we should not appeal your victory on the 
executive privilege issue.'' 481
---------------------------------------------------------------------------
    \481\ Clinton 8/17/98 GJ at 167 (emphasis added).
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    Four days after this sworn statement, on August 21, 1998, 
the President filed a notice of appeal with respect to the 
Executive Privilege claim for Lanny Breuer that Chief Judge 
Johnson had denied ten days earlier (and six days before the 
President's testimony). In addition, Bruce Lindsey appeared 
again before the grand jury on August 28, 1998, and the 
President again asserted Executive Privilege with respect to 
his testimony--even though the President had dropped the claim 
of Executive Privilege for Mr. Lindsey while the case was 
pending before the Supreme Court of the United States in June. 
482
---------------------------------------------------------------------------
    \482\ Lindsey 8/28/98 GJ at 58. The President's use and withdrawal 
of Executive Privilege was not new to this Office. In August 1996, the 
White House invoked Executive Privilege to prevent White House 
attorneys from producing documents regarding their communications with 
Hillary Rodham Clinton. After the OIC filed a motion to compel in the 
United States District Court for the Eastern District of Arkansas, the 
claim was withdrawn, and the White House relied solely on a claim of 
government attorney-client privilege, which the United States Court of 
Appeals for the Eighth Circuit rejected. The public never knew at that 
time of the President's assertion of Executive Privilege in that case.
    In 1997, the President again asserted Executive Privilege--this 
time to prevent Thomas ``Mack'' McLarty from testifying fully. The 
conversations in question related in part to Mr. McLarty's efforts to 
find employment for Webster Hubbell as Mr. Hubbell was resigning his 
position as Associate Attorney General. The President withdrew the 
assertion before the OIC filed a motion to compel.
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    The Executive Privilege was not the only claim of privilege 
interposed to prevent the grand jury from gathering relevant 
information. The President also acquiesced in the Secret 
Service's attempt to have the Judiciary craft a new protective 
function privilege (rejecting requests by this Office that the 
President order the Secret Service officers to testify). The 
District Court and the U.S. Court of Appeals for the District 
of Columbia Circuit rejected the privilege claim. The 
litigation was disruptive to the Secret Service and to the 
grand jury. The frivolity of the claim is evidenced by the 
Chief Justice's decision to reject the Secret Service's request 
for a stay without even referring the matter to the full Court. 
All of that litigation would have been unnecessary had the 
President testified in February instead of August, or had he 
taken the position that relevant facts should be fully 
available to the grand jury.

D. The President refused six invitations to testify to the grand jury, 
   thereby delaying expeditious resolution of this matter, and then 
  refused to answer relevant questions before the grand jury when he 
                       testified in August 1998.

    This Office extended six separate invitations to the 
President to testify before the grand jury. The first 
invitation was issued on January 28, 1998. The OIC repeated the 
invitations on behalf of the grand jury on February 4, February 
9, February 21, March 2, and March 13. The President declined 
each invitation. His refusals substantially delayed this 
Office's investigation.
    Finally, in the face of the President's actions, this 
Office asked the grand jury to consider issuing a subpoena to 
the President. The grand jury deliberated and approved the 
issuance of a subpoena. On July 17, 1998, the OIC served the 
subpoena, in accordance with the grand jury's action, on the 
President's private counsel. The subpoena required the 
President to appear on July 28.
    The President sought to delay his testimony. 483 
Shortly after a hearing before the District Court on the 
President's motion for a continuance, the President and the OIC 
reached an agreement by which the President would testify on 
August 17 via live video feed to the grand jury. In a Rose 
Garden ceremony on July 31, 1998, the President stated to the 
country: ``I'm looking forward to the opportunity * * * of 
testifying. I will do so completely and truthfully.'' 
484
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    \483\  President Clinton's Motion for Continuance, filed July 28, 
1998.
    \484\  DeFrank, Prez Vows Cooperation Pledges Complete, Truthful 
Testimony, N.Y. Daily News, Aug. 1, 1998, at 3.
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    At the outset of his grand jury appearance, the President 
similarly stated: ``I will answer each question as accurately 
and fully as I can.'' 485 The President then read a 
prepared statement in which he admitted ``inappropriate 
intimate contact'' with Ms. Lewinsky. 486 Despite 
his statement that he would answer each question, the President 
refused to answer specific questions about that contact (other 
than to indicate that it was not intercourse and did not 
involve the direct touching of Ms. Lewinsky's breasts or 
genitals). 487
---------------------------------------------------------------------------
    \485\ Clinton 8/17/98 GJ at 7.
    \486\ Clinton 8/17/98 GJ at 10.
    \487\ E.g., Clinton 8/17/98 GJ at 12, 102, 109, 110.
---------------------------------------------------------------------------

  E. The President misled the American people and the Congress in his 
public statement on August 17, 1998, when he stated that his answers at 
     his civil deposition in January had been ``legally accurate.''

    The President addressed the Nation on the evening of August 
17, 1998, after his grand jury appearance. The President did 
not tell the truth. He stated: ``As you know, in a deposition 
in January, I was asked questions about my relationship with 
Monica Lewinsky. While my answers were legally accurate, I did 
not volunteer information.'' 488 As this Referral 
has demonstrated, the President's statements in his civil 
deposition were not ``legally accurate,'' and he could not 
reasonably have thought they were. They were deliberate 
falsehoods designed to conceal the truth of the President's 
sexual relationship with Monica Lewinsky.
---------------------------------------------------------------------------
    \488\ Text of President's Address to Nation, reprinted in 
Washington Post, August 18, 1998, at A5 (emphasis added).
---------------------------------------------------------------------------
    The President's claim that his testimony during the civil 
deposition was legally accurate--which he made to the grand 
jury and to the American people on August 17--perpetuates the 
deception and concealment that has accompanied his relationship 
with Monica Lewinsky since his first sexual encounter with her 
on November 15, 1995.

                               F. Summary

    In this case, the President made and caused to be made 
false statements to the American people about his relationship 
with Ms. Lewinsky. He also made false statements about whether 
he had lied under oath or otherwise obstructed justice in his 
civil case. By publicly and emphatically stating in January 
1998 that ``I did not have sexual relations with that woman'' 
and these ``allegations are false,'' the President also 
effectively delayed a possible congressional inquiry, and then 
he further delayed it by asserting Executive Privilege and 
refusing to testify for six months during the Independent 
Counsel investigation. This represents substantial and credible 
information that may constitute grounds for an impeachment.

                               Conclusion

    This Referral is respectfully submitted on the Ninth day of 
September, 1998.
                                             Kenneth Starr,
                                               Independent Counsel.

                                
