[Senate Document 106-2]
[From the U.S. Government Publishing Office]
106th Congress Document
1st Session SENATE 106-2
_______________________________________________________________________
IMPEACHMENT OF PRESIDENT
WILLIAM JEFFERSON CLINTON
__________
CONSTITUTIONAL PROVISIONS; RULES OF PROCEDURE AND PRACTICE IN THE
SENATE WHEN SITTING ON IMPEACHMENT TRIALS; ARTICLES OF IMPEACHMENT
AGAINST PRESIDENT WILLIAM JEFFERSON CLINTON; PRESIDENT CLINTON'S
ANSWER; AND REPLICATION OF THE HOUSE OF REPRESENTATIVES
Printed at the direction of Gary Sisco, Secretary of the Senate
January 13, 1999.--Ordered to be printed
U.S. GOVERNMENT PRINTING OFFICE
53-570 WASHINGTON : 1999
C O N T E N T S
__________
Page
1. Constitutional Provisions on Impeachment...................... 1
2. Rules of Procedure and Practice in the Senate When Sitting on
Impeachment Trials........................................... 3
3. Articles of Impeachment Against President William Jefferson
Clinton...................................................... 15
4. Answer of President William Jefferson Clinton to the Articles
of Impeachment............................................... 19
5. Replication of House of Representatives to Answer of President
William Jefferson Clinton.................................... 33
I. CONSTITUTIONAL PROVISIONS ON IMPEACHMENT
The provisions of the United States Constitution which
apply specifically to impeachment are as follows:
Article I, Section 2, Clause 5
The House of Representatives . . . shall have the
sole Power of Impeachment.
Article I, Section 3, Clauses 6 and 7
The Senate shall have the sole Power to try all
Impeachments. When sitting for that Purpose, they shall
be on Oath or Affirmation. When the President of the
United States is tried, the Chief Justice shall
preside: And no Person shall be convicted without the
Concurrence of two thirds of the Members present.
Judgment in Cases of Impeachment shall not extend
further than to removal from Office, and
disqualification to hold and enjoy any Office of honor,
Trust or Profit under the United States: but the Party
convicted shall nevertheless be liable and subject to
Indictment, Trial, Judgment and Punishment, according
to Law.
Article II, Section 2, Clause 1
The President . . . shall have Power to grant
Reprieves and Pardons for Offences against the United
States, except in Cases of Impeachment.
Article II, Section 4
The President, Vice President and all civil Officers
of the United States, shall be removed from Office on
Impeachment for, and Conviction of, Treason, Bribery,
or other high Crimes and Misdemeanors.
Article III, Section 2, Clause 3
The Trial of all Crimes, except in Cases of
Impeachment, shall be by Jury; . . .
II. RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING ON
IMPEACHMENT TRIALS
I. Whensoever the Senate shall receive notice from the
House of Representatives that managers are appointed on their
part to conduct an impeachment against any person and are
directed to carry articles of impeachment to the Senate, the
Secretary of the Senate shall immediately inform the House of
Representatives that the Senate is ready to receive the
managers for the purpose of exhibiting such articles of
impeachment, agreeably to such notice.
II. When the managers of an impeachment shall be introduced
at the bar of the Senate and shall signify that they are ready
to exhibit articles of impeachment against any person, the
Presiding Officer of the Senate shall direct the Sergeant at
Arms to make proclamation, who shall, after making
proclamation, repeat the following words, viz: ``All persons
are commanded to keep silence, on pain of imprisonment, while
the House of Representatives is exhibiting to the Senate of the
United States articles of impeachment against ______ ______'';
after which the articles shall be exhibited, and then the
Presiding Officer of the Senate shall inform the managers that
the Senate will take proper order on the subject of the
impeachment, of which due notice shall be given to the House of
Representatives.
III. Upon such articles being presented to the Senate, the
Senate shall, at 1 o'clock after noon of the day (Sunday
excepted) following such presentation, or sooner if ordered by
the Senate, proceed to the consideration of such articles and
shall continue in session from day to day (Sundays excepted)
after the trial shall commence (unless otherwise ordered by the
Senate) until final judgment shall be rendered, and so much
longer as may, in its judgment, be needful. Before proceeding
to the consideration of the articles of impeachment, the
Presiding Officer shall administer the oath hereinafter
provided to the Members of the Senate then present and to the
other Members of the Senate as they shall appear, whose duty it
shall be to take the same.
IV. When the President of the United States or the Vice
President of the United States, upon whom the powers and duties
of the Office of President shall have devolved, shall be
impeached, the Chief Justice of the United States shall
preside; and in a case requiring the said Chief Justice to
preside notice shall be given to him by the Presiding Officer
of the Senate of the time and place fixed for the consideration
of the articles of impeachment, as aforesaid, with a request to
attend; and the said Chief Justice shall be administered the
oath by the Presiding Officer of the Senate and shall preside
over the Senate during the consideration of said articles and
upon the trial of the person impeached therein.
V. The Presiding Officer shall have power to make and
issue, by himself or by the Secretary of the Senate, all
orders, mandates, writs, and precepts authorized by these rules
or by the Senate, and to make and enforce such other
regulations and orders in the premises as the Senate may
authorize or provide.
VI. The Senate shall have power to compel the attendance of
witnesses, to enforce obedience to its orders, mandates, writs,
precepts, and judgments, to preserve order, and to punish in a
summary way contempts of, and disobedience to, its authority,
orders, mandates, writs, precepts, or judgments, and to make
all lawful orders, rules, and regulations which it may deem
essential or conducive to the ends of justice. And the Sergeant
at Arms, under the direction of the Senate, may employ such aid
and assistance as may be necessary to enforce, execute, and
carry into effect the lawful orders, mandates, writs, and
precepts of the Senate.
VII. The Presiding Officer of the Senate shall direct all
necessary preparations in the Senate Chamber, and the Presiding
Officer on the trial shall direct all the forms of proceedings
while the Senate is sitting for the purpose of trying an
impeachment, and all forms during the trial not otherwise
specially provided for. And the Presiding Officer on the trial
may rule on all questions of evidence including, but not
limited to, questions of relevancy, materiality, and redundancy
of evidence and incidental questions, which ruling shall stand
as the judgment of the Senate, unless some Member of the Senate
shall ask that a formal vote be taken thereon, in which case it
shall be submitted to the Senate for decision without debate;
or he may at his option, in the first instance, submit any such
question to a vote of the Members of the Senate. Upon all such
questions the vote shall be taken in accordance with the
Standing Rules of the Senate.
VIII. Upon the presentation of articles of impeachment and
the organization of the Senate as hereinbefore provided, a writ
of summons shall issue to the person impeached, reciting said
articles, and notifying him to appear before the Senate upon a
day and at a place to be fixed by the Senate and named in such
writ, and file his answer to said articles of impeachment, and
to stand to and abide the orders and judgments of the Senate
thereon; which writ shall be served by such officer or person
as shall be named in the precept thereof, such number of days
prior to the day fixed for such appearances as shall be named
in such precept, either by the delivery of an attested copy
thereof to the person impeached, or if that cannot conveniently
be done, by leaving such copy at the last known place of abode
of such person, or at his usual place of business in some
conspicuous place therein; or if such service shall be, in the
judgment of the Senate, impracticable, notice to the person
impeached to appear shall be given in such other manner, by
publication or otherwise, as shall be deemed just; and if the
writ aforesaid shall fail of service in the manner aforesaid,
the proceedings shall not thereby abate, but further service
may be made in such manner as the Senate shall direct. If the
person impeached, after service, shall fail to appear, either
in person or by attorney, on the day so fixed thereof as
aforesaid, or, appearing, shall fail to file his answer to such
articles of impeachment, the trial shall proceed, nevertheless,
as upon a plea of not guilty. If a plea of guilty shall be
entered, judgment may be entered thereon without further
proceedings.
IX. At 12:30 o'clock afternoon of the day appointed for the
return of the summons against the person impeached, the
legislative and executive business of the Senate shall be
suspended, and the Secretary of the Senate shall administer an
oath to the returning officer in the form following, viz: ``I,
______ ______, do solemnly swear that the return made by me
upon the process issued on the ______ day of ____, by the
Senate of the United States, against ______ ______ is truly
made, and that I have performed such service as therein
described: So help me God.'' Which oath shall be entered at
large on the records.
X. The person impeached shall then be called to appear and
answer the articles of impeachment against him. If he appears,
or any person for him, the appearance shall be recorded,
stating particularly if by himself, or by agent or attorney,
naming the person appearing and the capacity in which he
appears. If he does not appear, either personally or by agent
or attorney, the same shall be recorded.
XI. That in the trial of any impeachment the Presiding
Officer of the Senate, if the Senate so orders, shall appoint a
committee of Senators to receive evidence and take testimony at
such times and places as the committee may determine, and for
such purpose the committee so appointed and the chairman
thereof, to be elected by the committee, shall (unless
otherwise ordered by the Senate) exercise all the powers and
functions conferred upon the Senate and the Presiding Officer
of the Senate, respectively, under the rules of procedure and
practice in the Senate when sitting on impeachment trials.
Unless otherwise ordered by the Senate, the rules of
procedure and practice in the Senate when sitting on
impeachment trials shall govern the procedure and practice of
the committee so appointed. The committee so appointed shall
report to the Senate in writing a certified copy of the
transcript of the proceedings and testimony had and given
before such committee, and such report shall be received by the
Senate and the evidence so received and the testimony so taken
shall be considered to all intents and purposes, subject to the
right of the Senate to determine competency, relevancy, and
materiality, as having been received and taken before the
Senate, but nothing herein shall prevent the Senate from
sending for any witness and hearing his testimony in open
Senate, or by order of the Senate having the entire trial in
open Senate.
XII. At 12:30 o'clock afternoon, or at such other hour as
the Senate may order, of the day appointed for the trial of an
impeachment, the legislative and executive business of the
Senate shall be suspended, and the Secretary shall give notice
to the House of Representatives that the Senate is ready to
proceed upon the impeachment of ______ ______, in the Senate
Chamber.
XIII. The hour of the day at which the Senate shall sit
upon the trial of an impeachment shall be (unless otherwise
ordered) 12 o'clock m.; and when the hour shall arrive, the
Presiding Officer upon such trial shall cause proclamation to
be made, and the business of the trial shall proceed. The
adjournment of the Senate sitting in said trial shall not
operate as an adjournment of the Senate; but on such
adjournment the Senate shall resume the consideration of its
legislative and executive business.
XIV. The Secretary of the Senate shall record the
proceedings in cases of impeachment as in the case of
legislative proceedings, and the same shall be reported in the
same manner as the legislative proceedings of the Senate.
XV. Counsel for the parties shall be admitted to appear and
be heard upon an impeachment.
XVI. All motions, objections, requests, or applications
whether relating to the procedure of the Senate or relating
immediately to the trial (including questions with respect to
admission of evidence or other questions arising during the
trial) made by the parties or their counsel shall be addressed
to the Presiding Officer only, and if he, or any Senator, shall
require it, they shall be committed to writing, and read at the
Secretary's table.
XVII. Witnesses shall be examined by one person on behalf
of the party producing them, and then cross-examined by one
person on the other side.
XVIII. If a Senator is called as a witness, he shall be
sworn, and give his testimony standing in his place.
XIX. If a Senator wishes a question to be put to a witness,
or to a manager, or to counsel of the person impeached, or to
offer a motion or order (except a motion to adjourn), it shall
be reduced to writing, and put by the Presiding Officer. The
parties or their counsel may interpose objections to witnesses
answering questions propounded at the request of any Senator
and the merits of any such objection may be argued by the
parties or their counsel. Ruling on any such objection shall be
made as provided in Rule VII. It shall not be in order for any
Senator to engage in colloquy.
XX. At all times while the Senate is sitting upon the trial
of an impeachment the doors of the Senate shall be kept open,
unless the Senate shall direct the doors to be closed while
deliberating upon its decisions. A motion to close the doors
may be acted upon without objection, or, if objection is heard,
the motion shall be voted on without debate by the yeas and
nays, which shall be entered on the record.
XXI. All preliminary or interlocutory questions, and all
motions, shall be argued for not exceeding one hour (unless the
Senate otherwise orders) on each side.
XXII. The case, on each side, shall be opened by one
person. The final argument on the merits may be made by two
persons on each side (unless otherwise ordered by the Senate
upon application for that purpose), and the argument shall be
opened and closed on the part of the House of Representatives.
XXIII. An article of impeachment shall not be divisible for
the purpose of voting thereon at any time during the trial.
Once voting has commenced on an article of impeachment, voting
shall be continued until voting has been completed on all
articles of impeachment unless the Senate adjourns for a period
not to exceed one day or adjourns sine die. On the final
question whether the impeachment is sustained, the yeas and
nays shall be taken on each article of impeachment separately;
and if the impeachment shall not, upon any of the articles
presented, be sustained by the votes of two-thirds of the
Members present, a judgment of acquittal shall be entered; but
if the person impeached shall be convicted upon any such
article by the votes of two-thirds of the Members present, the
Senate may proceed to the consideration of such other matters
as may be determined to be appropriate prior to pronouncing
judgment. Upon pronouncing judgment, a certified copy of such
judgment shall be deposited in the office of the Secretary of
State. A motion to reconsider the vote by which any article of
impeachment is sustained or rejected shall not be in order.
Form of putting the question on each article of impeachment
The Presiding Officer shall first state the question;
thereafter each Senator, as his name is called, shall rise in
his place and answer: guilty or not guilty.
XXIV. All the orders and decisions may be acted upon
without objection, or, if objection is heard, the orders and
decisions shall be voted on without debate by yeas and nays,
which shall be entered on the record, subject, however, to the
operation of Rule VII, except when the doors shall be closed
for deliberation, and in that case no Member shall speak more
than once on one question, and for not more than ten minutes on
an interlocutory question, and for not more than fifteen
minutes on the final question, unless by consent of the Senate,
to be had without debate; but a motion to adjourn may be
decided without the yeas and nays, unless they be demanded by
one-fifth of the Members present. The fifteen minutes herein
allowed shall be for the whole deliberation on the final
question, and not on the final question on each article of
impeachment.
XXV. Witnesses shall be sworn in the following form, viz:
``You, ______ ______, do swear (or affirm, as the case may be)
that the evidence you shall give in the case now pending
between the United States and ______ ______, shall be the
truth, the whole truth, and nothing but the truth: So help you
God.'' Which oath shall be administered by the Secretary, or
any other duly authorized person.
Form of a subpena to be issued on the application of the managers of
the impeachment, or of the party impeached, or of his counsel
To ______ ______, greeting:
You and each of you are hereby commanded to appear before
the Senate of the United States, on the ______ day of ______,
at the Senate Chamber in the city of Washington, then and there
to testify your knowledge in the cause which is before the
Senate in which the House of Representatives have impeached
______ ______.
Fail not.
Witness ______ ______, and Presiding Officer of the Senate,
at the city of Washington, this ____ day of ____, in the year
of our Lord ____, and of the Independence of the United States
the ____.
______ ______,
Presiding Officer of the Senate.
Form of direction for the service of said subpena
The Senate of the United States to ______ ______, greeting:
You are hereby commanded to serve and return the within
subpena according to law.
Dated at Washington, this ______ day of ____, in the year
of our Lord ____, and of the Independence of the United States
the ____.
______ ______,
Secretary of the Senate.
Form of oath to be administered to the Members of the Senate and the
Presiding Officer sitting in the trial of impeachments
``I solemnly swear (or affirm, as the case may be) that in
all things appertaining to the trial of the impeachment of
______ ______, now pending, I will do impartial justice
according to the Constitution and laws: So help me God.''
Form of summons to be issued and served upon the person impeached
The United States of America, ss:
The Senate of the United States to ______ ______, greeting:
Whereas the House of Representatives of the United States
of America did, on the ____ day of ____, exhibit to the Senate
articles of impeachment against you, the said ______ ______, in
the words following:
[Here insert the articles]
And demand that you, the said ______ ______, should be put to
answer the accusations as set forth in said articles, and that
such proceedings, examinations, trials, and judgments might be
thereupon had as are agreeable to law and justice.
You, the said ______ ______, are therefore hereby summoned
to be and appear before the Senate of the United States of
America at their Chamber in the City of Washington, on the ____
day of ____, at ____ o'clock ____, then and there to answer to
the said articles of impeachment, and then and there to abide
by, obey, and perform such orders, directions, and judgments as
the Senate of the United States shall make in the premises
according to the Constitution and laws of the United States.
Hereof you are not to fail.
Witness ______ ______, and Presiding Officer of the said
Senate, at the city of Washington, this ____ day of ____, in
the year of our Lord ____, and of the Independence of the
United States the ______.
______ ______,
Presiding Officer of the Senate.
Form of precept to be indorsed on said writ of summons
The United States of America, ss:
The Senate of the United States to ______ ______, greeting:
You are hereby commanded to deliver to and leave with
______ ______, if conveniently to be found, or if not, to leave
at his usual place of abode, or at his usual place of business
in some conspicuous place, a true and attested copy of the
within writ of summons, together with a like copy of this
precept; and in whichsoever way you perform the service, let it
be done at least ______ days before the appearance day
mentioned in the said writ of summons.
Fail not, and make return of this writ of summons and
precept, with your proceedings thereon indorsed, on or before
the appearance day mentioned in the said writ of summons.
Witness ______ ______, and Presiding Officer of the Senate,
at the city of Washington, this ____ day of ____ in the year of
our Lord ____, and of the Independence of the United States the
____.
______ ______,
Presiding Officer of the Senate.
All process shall be served by the Sergeant at Arms of the
Senate, unless otherwise ordered by the Senate.
XXVI. If the Senate shall at any time fail to sit for the
consideration of articles of impeachment on the day or hour
fixed therefor, the Senate may, by an order to be adopted
without debate, fix a day and hour for resuming such
consideration.
III. ARTICLES OF IMPEACHMENT AGAINST PRESIDENT WILLIAM JEFFERSON
CLINTON
[H. Res. 611, 105th Cong., 2d Sess.]
[Exhibited to Senate on January 7, 1999]
RESOLUTION
Impeaching William Jefferson Clinton, President of the United States,
for high crimes and misdemeanors.
Resolved, That William Jefferson Clinton, President of the
United States, is impeached for high crimes and misdemeanors,
and that the following articles of impeachment be exhibited to
the United States Senate:
Articles of impeachment exhibited by the House of
Representatives of the United States of America in the name of
itself and of the people of the United States of America,
against William Jefferson Clinton, President of the United
States of America, in maintenance and support of its
impeachment against him for high crimes and misdemeanors.
Article I
In his conduct while President of the United States,
William Jefferson Clinton, in violation of his constitutional
oath faithfully to execute the office of President of the
United States and, to the best of his ability, preserve,
protect, and defend the Constitution of the United States, and
in violation of his constitutional duty to take care that the
laws be faithfully executed, has willfully corrupted and
manipulated the judicial process of the United States for his
personal gain and exoneration, impeding the administration of
justice, in that:
On August 17, 1998, William Jefferson Clinton swore to tell
the truth, the whole truth, and nothing but the truth before a
Federal grand jury of the United States. Contrary to that oath,
William Jefferson Clinton willfully provided perjurious, false
and misleading testimony to the grand jury concerning one or
more of the following: (1) the nature and details of his
relationship with a subordinate Government employee; (2) prior
perjurious, false and misleading testimony he gave in a Federal
civil rights action brought against him; (3) prior false and
misleading statements he allowed his attorney to make to a
Federal judge in that civil rights action; and (4) his corrupt
efforts to influence the testimony of witnesses and to impede
the discovery of evidence in that civil rights action.
In doing this, William Jefferson Clinton has undermined the
integrity of his office, has brought disrepute on the
Presidency, has betrayed his trust as President, and has acted
in a manner subversive of the rule of law and justice, to the
manifest injury of the people of the United States.
Wherefore, William Jefferson Clinton, by such conduct,
warrants impeachment and trial, and removal from office and
disqualification to hold and enjoy any office of honor, trust,
or profit under the United States.
Article II
In his conduct while President of the United States,
William Jefferson Clinton, in violation of his constitutional
oath faithfully to execute the office of President of the
United States and, to the best of his ability, preserve,
protect, and defend the Constitution of the United States, and
in violation of his constitutional duty to take care that the
laws be faithfully executed, has prevented, obstructed, and
impeded the administration of justice, and has to that end
engaged personally, and through his subordinates and agents, in
a course of conduct or scheme designed to delay, impede, cover
up, and conceal the existence of evidence and testimony related
to a Federal civil rights action brought against him in a duly
instituted judicial proceeding.
The means used to implement this course of conduct or
scheme included one or more of the following acts:
(1) On or about December 17, 1997, William Jefferson
Clinton corruptly encouraged a witness in a Federal
civil rights action brought against him to execute a
sworn affidavit in that proceeding that he knew to be
perjurious, false and misleading.
(2) On or about December 17, 1997, William Jefferson
Clinton corruptly encouraged a witness in a Federal
civil rights action brought against him to give
perjurious, false and misleading testimony if and when
called to testify personally in that proceeding.
(3) On or about December 28, 1997, William Jefferson
Clinton corruptly engaged in, encouraged, or supported
a scheme to conceal evidence that had been subpoenaed
in a Federal civil rights action brought against him.
(4) Beginning on or about December 7, 1997, and
continuing through and including January 14, 1998,
William Jefferson Clinton intensified and succeeded in
an effort to secure job assistance to a witness in a
Federal civil rights action brought against him in
order to corruptly prevent the truthful testimony of
that witness in that proceeding at a time when the
truthful testimony of that witness would have been
harmful to him.
(5) On January 17, 1998, at his deposition in a
Federal civil rights action brought against him,
William Jefferson Clinton corruptly allowed his
attorney to make false and misleading statements to a
Federal judge characterizing an affidavit, in order to
prevent questioning deemed relevant by the judge. Such
false and misleading statements were subsequently
acknowledged by his attorney in a communication to that
judge.
(6) On or about January 18 and January 20-21, 1998,
William Jefferson Clinton related a false and
misleading account of events relevant to a Federal
civil rights action brought against him to a potential
witness in that proceeding, in order to corruptly
influence the testimony of that witness.
(7) On or about January 21, 23, and 26, 1998, William
Jefferson Clinton made false and misleading statements
to potential witnesses in a Federal grand jury
proceeding in order to corruptly influence the
testimony of those witnesses. The false and misleading
statements made by William Jefferson Clinton were
repeated by the witnesses to the grand jury, causing
the grand jury to receive false and misleading
information.
In all of this, William Jefferson Clinton has undermined
the integrity of his office, has brought disrepute on the
Presidency, has betrayed his trust as President, and has acted
in a manner subversive of the rule of law and justice, to the
manifest injury of the people of the United States.
Wherefore, William Jefferson Clinton, by such conduct,
warrants impeachment and trial, and removal from office and
disqualification to hold and enjoy any office of honor, trust,
or profit under the United States.
Passed the House of Representatives December 19, 1998.
Newt Gingrich,
Speaker of the House of Representatives.
Attest: Robin H. Carle,
Clerk.
IV. ANSWER OF PRESIDENT WILLIAM JEFFERSON CLINTON TO THE ARTICLES OF
IMPEACHMENT
In the Senate of the United States
Sitting as a Court of Impeachment
__________
In re Impeachment of William Jefferson Clinton President of the United
States
__________
Answer of President William Jefferson Clinton to the Articles of
Impeachment
The Honorable William Jefferson Clinton, President of the
United States, in response to the summons of the Senate of the
United States, answers the accusations made by the House of
Representatives of the United States in the two Articles of
Impeachment it has exhibited to the Senate as follows:
PREAMBLE
The Charges in the Articles Do Not Constitute High Crimes or
Misdemeanors
The charges in the two Articles of Impeachment do not
permit the conviction and removal from office of a duly elected
President. The President has acknowledged conduct with Ms.
Lewinsky that was improper. But Article II, Section 4 of the
Constitution provides that the President shall be removed from
office only upon ``Impeachment for, and Conviction of, Treason,
Bribery or other high Crimes and Misdemeanors.'' The charges in
the articles do not rise to the level of ``high Crimes and
Misdemeanors'' as contemplated by the Founding Fathers, and
they do not satisfy the rigorous constitutional standard
applied throughout our Nation's history. Accordingly, the
Articles of Impeachment should be dismissed.
The President Did not Commit Perjury or Obstruct Justice
The President denies each and every material allegation of
the two Articles of Impeachment not specifically admitted in
this ANSWER.
ARTICLE I
President Clinton denies that he made perjurious, false and
misleading statements before the federal grand jury on August
17, 1998.
FACTUAL RESPONSES TO ARTICLE I
Without waiving his affirmative defenses, President Clinton
offers the following factual responses to the allegations in
Article I:
(1) The President denies that he made perjurious, false and
misleading statements to the grand jury about ``the
nature and details of his relationship'' with
Monica Lewinsky.
There is a myth about President Clinton's testimony before
the grand jury. The myth is that the President failed to admit
his improper intimate relationship with Ms. Monica Lewinsky.
The myth is perpetuated by Article I, which accuses the
President of lying about ``the nature and details of his
relationship'' with Ms. Lewinsky.
The fact is that the President specifically acknowledged to
the grand jury that he had an improper intimate relationship
with Ms. Lewinsky. He said so, plainly and clearly: ``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.
These encounters . . . did involve inappropriate intimate
contact.'' The President described to the grand jury how the
relationship began and how it ended at his insistence early in
1997--long before any public attention or scrutiny. He also
described to the grand jury how he had attempted to testify in
the deposition in the Jones case months earlier without having
to acknowledge to the Jones lawyers what he ultimately admitted
to the grand jury--that he had an improper intimate
relationship with Ms. Lewinsky.
The President read a prepared statement to the grand jury
acknowledging his relationship with Ms. Lewinsky. The statement
was offered at the beginning of his testimony to focus the
questioning in a manner that would allow the Office of
Independent Counsel to obtain necessary information without
unduly dwelling on the salacious details of the relationship.
The President's statement was followed by almost four hours of
questioning. If it is charged that his statement was in any
respect perjurious, false and misleading, the President denies
it. The President also denies that the statement was in any way
an attempt to thwart the investigation.
The President states, as he did during his grand jury
testimony, that he engaged in improper physical contact with
Ms. Lewinsky. The President was truthful when he testified
before the grand jury that he did not engage in sexual
relations with Ms. Lewinsky as he understood that term to be
defined by the Jones lawyers during their questioning of him in
that deposition. The President further denies that his other
statements to the grand jury about the nature and details of
his relationship with Ms. Lewinsky were perjurious, false, and
misleading.
(2) The President denies that he made perjurious, false and
misleading statements to the grand jury when he
testified about statements he had made in the Jones
deposition.
There is a second myth about the President's testimony
before the grand jury. The myth is that the President adopted
his entire Jones deposition testimony in the grand jury. The
President was not asked to and did not broadly restate or
reaffirm his Jones deposition testimony.Instead, in the grand
jury he discussed the bases for certain answers he gave. The President
testified truthfully in the grand jury about statements he made in the
Jones deposition. The President stated to the grand jury that he did
not attempt to be helpful to or assist the lawyers in the Jones
deposition in their quest for information about his relationship with
Ms. Lewinsky. He truthfully explained to the grand jury his efforts to
answer the questions in the Jones deposition without disclosing his
relationship with Ms. Lewinsky. Accordingly, the full, underlying Jones
deposition is not before the Senate.
Indeed, the House specifically considered and rejected an
article of impeachment based on the President's deposition in
the Jones case. The House managers should not be allowed to
prosecute before the Senate an article of impeachment which the
full House has rejected.
(3) The President denies that he made perjurious, false and
misleading statements to the grand jury about
``statements he allowed his attorney to make''
during the Jones deposition.
The President denies that he made perjurious, false and
misleading statements to the grand jury about the statements
his attorney made during the Jones deposition. The President
was truthful when he explained to the grand jury his
understanding of certain statements made by his lawyer, Robert
Bennett, during the Jones deposition. The President also was
truthful when he testified that he was not focusing on the
prolonged and complicated exchange between the attorneys and
Judge Wright.
(4) The President denies that he made perjurious, false and
misleading statements to the grand jury concerning
alleged efforts ``to influence the testimony of
witnesses and to impede the discovery of evidence''
in the Jones case.
For the reasons discussed more fully in response to ARTICLE
II, the President denies that he attempted to influence the
testimony of any witness or to impede the discovery of evidence
in the Jones case. Thus, the President denies that he made
perjurious, false and misleading statements before the grand
jury when he testified about these matters.
first affirmative defense: article i does not meet the constitutional
standard for conviction and removal
For the same reasons set forth in the PREAMBLE of this
ANSWER, Article I does not meet the rigorous constitutional
standard for conviction and removal from office of a duly
elected President and should be dismissed.
second affirmative defense: article i is too vague to permit conviction
and removal
Article I is unconstitutionally vague. No reasonable person
could know what specific charges are being leveled against the
President. It alleges that the President provided the grand
jury with ``perjurious, false, and misleading testimony''
concerning ``one or more'' of four subject areas. But it fails
to identify any specific statement by the President that is
alleged to be perjurious, false and misleading. The House has
left the Senate and the President to guess at what it had in
mind.
One of the fundamental principles of our law and the
Constitution is that a person has a right to know what specific
charges he or she is facing. Without such fair warning, no one
can prepare the defense to which every person is entitled. The
law and the Constitution also mandate adequate notice to jurors
so they may know the basis for the vote they must make. Without
a definite and specific identification of false statements, a
trial becomes a moving target for the accused. In addition, the
American people deserve to know upon what specific statements
the President is being judged, given the gravity and effect of
these proceedings, namely nullifying the results of a national
election.
Article I sweeps broadly and fails to provide the required
definite and specific identification. Were it an indictment, it
would be dismissed. As an article of impeachment, it is
constitutionally defective and should fail.
third affirmative defense: article i charges multiple offenses in one
article
Article I is fatally flawed because it charges multiple
instances of alleged perjurious, false and misleading
statements in one article. The Constitution provides that ``no
person shall be convicted without the Concurrence of two thirds
of the Members present,'' and Senate Rule XXIII provides that
``an article of impeachment shall not be divisible for the
purpose of voting thereon at any time during the trial.'' By
the express terms of Article I, a Senator may vote for
impeachment if he or she finds that there was perjurious, false
and misleading testimony in ``one or more'' of four topic
areas. This creates the very real possibility that conviction
could occur even though Senators were in wide disagreement as
to the alleged wrong committed. Put simply, the structure of
Article I presents the possibility that the President could be
convicted even though he would have been acquitted if separate
votes were taken on each allegedly perjurious statement. For
example, it would be possible for the President to be convicted
and removed from office with as few as 17 Senators agreeing
that any single statement was perjurious, because 17 votes for
each of the four categories in Article I would yield 68 votes,
one more than necessary to convict and remove.
By charging multiple wrongs in one article, the House of
Representatives has made it impossible for the Senate to comply
with the Constitutional mandate that any conviction be by the
concurrence of two-thirds of the members. Accordingly, Article
I should fail.
ARTICLE II
President Clinton denies that he obstructed justice in
either the Jones case or the Lewinsky grand jury investigation.
FACTUAL RESPONSES TO ARTICLE II
Without waiving his affirmative defenses, President Clinton
offers the following factual responses to the allegations in
Article II:
(1) The President denies that on or about December 17,
1997, he ``corruptly encouraged'' Monica Lewinsky
``to execute a sworn affidavit in that proceeding
that he knew to be perjurious, false and
misleading.''
The President denies that he encouraged Monica Lewinsky to
execute a false affidavit in the Jones case. Ms. Lewinsky, the
only witness cited in support of this allegation, denies this
allegation as well. Her testimony and proffered statements are
clear and unmistakable:
``[N]o one ever asked me to lie and I was
never promised a job for my silence.''
``Neither the President nor anyone ever
directed Lewinsky to say anything or to lie . . .''
``Neither the Pres[ident] nor Mr. Jordan (or
anyone on their behalf) asked or encouraged Ms.
L[ewinsky] to lie.''
The President states that, sometime in December 1997, Ms.
Lewinsky asked him whether she might be able to avoid
testifying in the Jones case because she knew nothing about Ms.
Jones or the case. The President further states that he told
her he believed other witnesses had executed affidavits, and
there was a chance they would not have to testify. The
President denies that he ever asked, encouraged or suggested
that Ms. Lewinsky file a false affidavit or lie. The President
states that he believed that Ms. Lewinsky could have filed a
limited but truthful affidavit that might have enabled her to
avoid having to testify in the Jones case.
(2) The President denies that on or about December 17,
1997, he ``corruptly encouraged'' Monica Lewinsky
``to give perjurious, false and misleading
testimony if and when called to testify
personally'' in the Jones litigation.
Again, the President denies that he encouraged Ms. Lewinsky
to lie if and when called to testify personally in the Jones
case. The testimony and proffered statements of Monica
Lewinsky, the only witness cited in support of this allegation,
are clear and unmistakable:
``[N]o one ever asked me to lie and I was
never promised a job for my silence.''
``Neither the President nor anyone ever
directed Lewinsky to say anything or to lie . . .''
``Neither the Pres[ident] nor Mr. Jordan (or
anyone on their behalf) asked or encouraged Ms.
L[ewinsky] to lie.''
The President states that, prior to Ms. Lewinsky's
involvement in the Jones case, he and Ms. Lewinsky might have
talked about what to do to conceal their relationship from
others. Ms. Lewinsky was not a witness in any legal proceeding
at that time. Ms. Lewinsky's own testimony and statements
support the President's recollection. Ms. Lewinsky testified
that she ``pretty much can'' exclude the possibility that she
and the President ever had discussions about denying the
relationship after she learned she was a witness in the Jones
case. Ms. Lewinsky also stated that ``they did not discuss the
issue [of what to say about their relationship] in specific
relation to the Jones matter,'' and that ``she does not believe
they discussed the content of any deposition that [she] might
be involved in at a later date.''
(3) The President denies that on or about December 28,
1997, he ``corruptly engaged in, encouraged, or
supported a scheme to conceal evidence'' in the
Jones case.
The President denies that he engaged in, encouraged, or
supported any scheme to conceal evidence from discovery in the
Jones case, including any gifts he had given to Ms. Lewinsky.
The President states that he gave numerous gifts to Ms.
Lewinsky prior to December 28, 1997. The President states that,
sometime in December, Ms. Lewinsky inquired as to what to do if
she were asked in the Jones case about the gifts he had given
her, to which the President responded that she would have to
turn over whatever she had. The President states that he was
unconcerned about having given her gifts and, in fact, that he
gave Ms. Lewinsky additional gifts on December 28, 1997. The
President denies that he ever asked his secretary, Ms. Betty
Currie, to retrieve gifts he had given Ms. Lewinsky, or that he
ever asked, encouraged, or suggested that Ms. Lewinsky conceal
the gifts. Ms. Currie told prosecutors as early as January 1998
and repeatedly thereafter that it was Ms. Lewinsky who had
contacted her about retrieving gifts.
(4) The President denies that he obstructed justice in
connection with Monica Lewinsky's efforts to obtain
a job in New York to ``corruptly prevent'' her
``truthful testimony'' in the Jones case.
The President denies that he obstructed justice in
connection with Ms. Lewinsky's job search in New York or sought
to prevent her truthful testimony in the Jones case. The
President states that he discussed with Ms. Lewinsky her desire
to obtain a job in New York months before she was listed as a
potential witness in the Jones case. Indeed, Ms. Lewinsky was
offered a job in New York at the United Nations more than a
month before she was identified as a possible witness. The
President also states that he believes that Ms. Lewinsky raised
with him, again before she was ever listed as a possible
witness in the Jones case, the prospect of having Mr. Vernon
Jordan assist in her job search. Ms. Lewinsky corroborates his
recollection that it was her idea to ask for Mr. Jordan's help.
The President also states that he was aware that Mr. Jordan was
assisting Ms. Lewinsky to obtain employment in New York. The
President denies that any of these efforts had any connection
whatsoever to Ms. Lewinsky's status as a possible or actual
witness in the Jones case. Ms. Lewinsky forcefully confirmed
the President's denial when she testified, ``I was never
promised a job for my silence.''
(5) The President denies that he ``corruptly allowed his
attorney to make false and misleading statements to
a Federal judge'' concerning Monica Lewinsky's
affidavit.
The President denies that he corruptly allowed his attorney
to make false and misleading statements concerning Ms.
Lewinsky's affidavit to a Federal judge during the Jones
deposition. The President denies that he was focusing his
attention on the prolonged and complicated exchange between his
attorney and Judge Wright.
(6) The President denies that he obstructed justice by
relating ``false and misleading statements'' to ``a
potential witness,'' Betty Currie, ``in order to
corruptly influence [her] testimony.''
The President denies that he obstructed justice or
endeavored in any way to influence any potential testimony of
Ms. Betty Currie. The President states that he spoke with Ms.
Currie on January 18, 1998. The President testified that, in
that conversation, he was trying to find out what the facts
were, what Ms. Currie's perception was, and whether his own
recollection was correct about certain aspects of his
relationship with Ms. Lewinsky. Ms. Currie testified that she
felt no pressure ``whatsoever'' from the President's statements
and no pressure ``to agree with [her] boss.'' The President
denies knowing or believing that Ms. Currie would be a witness
in any proceeding at the time of this conversation. Ms. Currie
had not been on any of the witness lists proffered by the Jones
lawyers. President Clinton states that, after the Independent
Counsel investigation became public, when Ms. Currie was
scheduled to testify, he told Ms. Currie to ``tell the truth.''
(7) The President denies that he obstructed justice when he
relayed allegedly ``false and misleading
statements'' to his aides.
The President denies that he obstructed justice when he
misled his aides about the nature of his relationship with Ms.
Lewinsky in the days immediately following the public
revelation of the Lewinsky investigation. The President
acknowledges that, in the days following the January 21, 1998
Washington Post article, he misled his family, his friends and
staff, and the Nation to conceal the nature of his relationship
with Ms. Lewinsky. He sought to avoid disclosing his personal
wrongdoing to protect his family and himself from hurt and
public embarrassment. The President profoundly regrets his
actions, and he has apologized to his family, his friends and
staff, and the Nation. The President denies that he had any
corrupt purpose or any intent to influence the ongoing grand
jury proceedings.
first affirmative defense: article ii does not meet the constitutional
standard for conviction and removal
For the reasons set forth in the PREAMBLE of this ANSWER,
Article II does not meet the constitutional standard for
convicting and removing a duly elected President from office
and should be dismissed.
second affirmative defense: article ii is too vague to permit
conviction and removal
Article II is unconstitutionally vague. No reasonable
person could know what specific charges are being leveled
against the President. Article II alleges that the President
``obstructed and impeded the administration of justice'' in
both the Jones case and the grand jury investigation. But it
provides little or no concrete information about the specific
acts in which the President is alleged to have engaged, or with
whom, or when, that allegedly obstructed or otherwise impeded
the administration of justice.
As we set forth in the SECOND AFFIRMATIVE DEFENSE TO
ARTICLE I, one of the fundamental principles of our law and the
Constitution is that a person has the right to know what
specific charges he or she is facing. Without such fair
warning, no one can mount the defense to which every person is
entitled. Fundamental to due process is the right of the
President to be adequately informed of the charges so that he
is able to confront those charges and defend himself.
Article II sweeps too broadly and provides too little
definite and specific identification. Were it an indictment, it
would be dismissed. As an article of impeachment, it is
constitutionally defective and should fail.
third affirmative defense: article ii charges multiple offenses in one
article
For the reasons set forth in the THIRD AFFIRMATIVE DEFENSE
TO ARTICLE I, Article II is constitutionally defective because
it charges multiple instances of alleged acts of obstruction in
one article, which makes it impossible for the Senate to comply
with the Constitutional mandate that any conviction be by the
concurrence of the two-thirds of the members. Accordingly,
Article II should fail.
Respectfully submitted on January 11, 1999,
David E. Kendall Charles F.C. Ruff
Nicole K. Seligman Gregory B. Craig
Emmet T. Flood Bruce R. Lindsey
Max Stier Cheryl D. Mills
Glen Donath Lanny A. Breuer
Alicia Marti Office of the White House
Williams & Connolly, Counsel,
725 12th Street, N.W., The White House,
Washington, D.C. 20005. Washington, D.C. 20502.
V. REPLICATION OF HOUSE OF REPRESENTATIVES TO ANSWER OF PRESIDENT
WILLIAM JEFFERSON CLINTON
In the Senate of the United States
Sitting as a Court of Impeachment
__________
In re Impeachment of President William Jefferson Clinton
__________
Replication of the House of Representatives to the Answer of President
William Jefferson Clinton to the Articles of Impeachment
The House of Representatives, through its Managers and
counsel, replies to the Answer of President William Jefferson
Clinton to the Articles of Impeachment (``Answer''), as
follows:
PREAMBLE
The House of Representatives denies each and every material
allegation in the Preamble to the Answer, including the
sections entitled ``The Charges in the Articles Do Not
Constitute High Crimes or Misdemeanors'' and ``The President
Did Not Commit Perjury or Obstruct Justice.'' With respect to
the allegations in the Preamble, the House of Representatives
further states that each and every allegation in Articles I and
II is true and that Articles I and II properly state
impeachable offenses, are not subject to a motion to dismiss,
and should be considered and adjudicated by the Senate sitting
as a Court of Impeachment.
ARTICLE I
The House of Representatives denies each and every
allegation in the Answer to Article I that denies the acts,
knowledge, intent, or wrongful conduct charged against
President William Jefferson Clinton. With respect to the
allegations in the Answer to Article I, the House of
Representatives further states that each and every allegation
in Article I is true and that Article I properly states an
impeachable offense, is not subject to a motion to dismiss, and
should be considered and adjudicated by the Senate sitting as a
Court of Impeachment.
First Affirmative Defense to Article I
The House of Representatives denies each and every material
allegation in this purported defense. The House of
Representatives further states that Article I properly states
an impeachable offense, is not subject to a motion to dismiss,
and should be considered and adjudicated by the Senate sitting
as a Court of Impeachment. The House of Representatives further
states that the offense stated in Article I warrants the
conviction, removal from office, and disqualification from
holding further office of President William Jefferson Clinton.
Second Affirmative Defense to Article I
The House of Representatives denies each and every material
allegation in this purported defense. The House of
Representatives further states that Article I properly states
an impeachable offense, is not subject to a motion to dismiss,
and should be considered and adjudicated by the Senate sitting
as a Court of Impeachment. The House of Representatives further
states that Article I is not unconstitutionally vague, and it
provides President William Jefferson Clinton adequate notice of
the offense charged against him.
Third Affirmative Defense to Article I
The House of Representatives denies each and every material
allegation in this purported defense. The House of
Representatives further states that Article I properly states
an impeachable offense, is not subject to a motion to dismiss,
and should be considered and adjudicated by the Senate sitting
as a Court of Impeachment. The House of Representatives further
states that Article I does not charge multiple offenses in one
article.
ARTICLE II
The House of Representatives denies each and every
allegation in the Answer to Article II that denies the acts,
knowledge, intent, or wrongful conduct charged against
President William Jefferson Clinton. With respect to the
allegations in the Answer to Article II, the House of
Representatives further states that each and every allegation
in Article II is true and that Article II properly states an
impeachable offense, is not subject to a motion to dismiss, and
should be considered and adjudicated by the Senate sitting as a
Court of Impeachment.
First Affirmative Defense to Article II
The House of Representatives denies each and every material
allegation in this purported defense. The House of
Representatives further states that Article II properly states
an impeachable offense, is not subject to a motion to dismiss,
and should be considered and adjudicated by the Senate sitting
as a Court of Impeachment. The House of Representatives further
states that the offense stated in Article II warrants the
conviction, removal from office, and disqualification from
holding further office of President William Jefferson Clinton.
Second Affirmative Defense to Article II
The House of Representatives denies each and every material
allegation in this purported defense. The House of
Representatives further states that Article II properly states
an impeachable offense, is not subject to a motion to dismiss,
and should be considered and adjudicated by the Senate sitting
as a Court of Impeachment. The House of Representatives further
states that Article II is not unconstitutionally vague, and it
provides President William Jefferson Clinton adequate notice of
the offense charged against him.
Third Affirmative Defense to Article II
The House of Representatives denies each and every material
allegation in this purported defense. The House of
Representatives further states that Article II properly states
an impeachable offense, is not subject to a motion to dismiss,
and should be considered and adjudicated by the Senate sitting
as a Court of Impeachment. The House of Representatives further
states that Article II does not charge multiple offenses in one
article.
Conclusion of the House of Representatives
The House of Representatives further states that it denies
each and every material allegation of the Answer not
specifically admitted in this Replication. By providing this
Replication to the Answer, the House of Representatives waives
none of it[s] rights in this proceeding. Wherefore, the House
of Representatives states that both of the Articles of
Impeachment warrant the conviction, removal from office, and
disqualification from holding further office of President
William Jefferson Clinton. Both of the Articles should be
considered and adjudicated by the Senate.
Respectfully submitted,
The United States
House of Representatives,
Henry J. Hyde
F. James Sensenbrenner, Jr.
Bill McCollum
George W. Gekas
Charles T. Canady
Stephen E. Buyer
Ed Bryant
Steve Chabot
Bob Barr
Asa Hutchinson
Chris Cannon
James E. Rogan
Lindsey O. Graham
Managers on the Part of the House.
Thomas E. Mooney
General Counsel.
David P. Schippers
Chief Investigative Counsel.