[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.

                                
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