Impeachment of President William Jefferson Clinton - The Evidentiary Record Pursuant to S. Res. 16 - Index to Senate Document 106-3, Vols. I-XXIV - Volume II - Referral from Independent Counsel Kenneth W. Starr, House Document No. 105-310

[Impeachment of President William Jefferson Clinton - The Evidentiary Record Pursuant to S. Res. 16 - Index to Senate Document 106-3, Vols. I-XXIV]
[Volume II - Referral from Independent Counsel Kenneth W. Starr, House Document No. 105-310]
[From the U.S. Government Publishing Office, www.gpo.gov]

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

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

----------

COMMUNICATION

from

KENNETH W. STARR,
INDEPENDENT COUNSEL

transmitting

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

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

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

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

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

__________

COMMUNICATION

from

KENNETH W. STARR,

INDEPENDENT COUNSEL

transmitting

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

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

C O N T E N T S

----------

Volume I: Referral

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

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

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

Volume II: Appendix

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

Volume III: Document Supplement, Part A

William J. Clinton Statements

Volume IV: Document Supplement, Part B

Monica S. Lewinsky Statements

Volume V: Document Supplement, Part C

Documents Cited in Referral: Tabs 1-46

Volume VI: Document Supplement, Part D

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

Volume VII: Document Supplement, Part E

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

----------

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

Table of Names

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The Principals
William Jefferson Clinton................. President of the United
States.
Paula Corbin Jones........................ Plaintiff in a civil suit
against President Clinton.
Monica Lewinsky........................... Former White House Intern
and Employee.
Betty Currie.............................. Personal Secretary to the
President.
Vernon Jordan............................. Friend of President Clinton,
and Partner at Law Firm of
Akin, Gump, Strauss, Hauer
& Feld.

The First Family
Hillary Rodham Clinton.................... First Lady of the United
States.
Chelsea Clinton........................... Daughter of the President
and First Lady.

Presidential Aides/Advisors/Assistants
Madeline Albright......................... Secretary of State.
Sidney Blumenthal......................... Assistant to the President.
Erskine Bowles............................ White House Chief of Staff.
Lanny Bruer............................... Special Counsel to the
President.
Stephen Goodin............................ Aide to President Clinton.
Nancy Hernreich........................... Deputy Assistant to the
President and Director of
Oval Office Operations.
John Hilley............................... Assistant to the President
and Director of Legislative
Affairs; Monica Lewinsky's
Supervisor.
Harold Ickes.............................. Former Deputy Chief of
Staff.
Janis Kearney............................. Special Assistant to the
President and Records
Manager.
Timothy Keating........................... Special Assistant to the
President and Staff
Director for Legislative
Affairs; Monica Lewinsky's
Immediate Supervisor.
Ann Lewis................................. Director, White House
Communications.
Evelyn Lieberman.......................... Former Deputy Chief of
Staff.
Bruce Lindsey............................. Deputy White House Counsel.
Sylvia Mathews............................ Deputy White House Chief of
Staff.
Thomas ``Mack'' McLarty................... Former White House Chief of
Staff.
Cheryl Mills.............................. Deputy White House Counsel.
Dick Morris............................... Former Advisor to President
Clinton.
Bob Nash.................................. Assistant to the President
and Director of
Presidential Personnel.
Leon Panetta.............................. Former White House Chief of
Staff.
John Podesta.............................. Deputy White House Chief of
Staff.
Hon. Bill Richardson...................... U.S. Ambassador to the
United Nations.
Charles Ruff.............................. White House Counsel.
Marsha Scott.............................. Deputy Director of
Personnel.
George Stephanopoulous.................... Former Senior Advisor for
Policy and Strategy.
Barry Toiv................................ Deputy White House Press
Secretary.

Other White House Personnel
Karin Joyce Abramson...................... Former Director of the White
House Intern Program.
Caroline Badinelli........................ Former White House Intern.
Douglas Band.............................. Former White House Intern.
Tracy Anne Bobowick....................... Former White House Employee,
Correspondence Office.
Laura Capps............................... Former White House Intern.
Jay Footlik............................... Former Employee of the
Office of Presidential
Personnel.
Patrick Griffin........................... Former Assistant to the
President and Director of
Legislative Affairs.
George Hannie............................. White House Butler.
Jocelyn Jolley............................ Former Director of
Congressional
Correspondence in the White
House.
Maureen Lewis............................. Former White House Employee,
Correspondence Office.
Glen Maes................................. White House Steward to
President Clinton.
Bayani Nelvis............................. White House Steward to
President Clinton.
Charles O'Malley.......................... White House Operations
Deputy Chief.
Jennifer Palmieri......................... Former Special Assistant to
the Chief of Staff.
Debra Schiff.............................. Receptionist, West Wing
Lobby.
Jamie Beth Schwartz....................... Former Special Assistant to
the Social Secretary in the
White House Social Office.
Patsy Thomasson........................... Director of the Office of
Administration, Executive
Office of the President.
Kathleen Willey........................... Former White House
Volunteer.
Michael Williams.......................... Former White House Intern.

Department of Defense Employees
Kenneth Bacon............................. Assistant Secretary of
Defense for Public Affairs;
Monica Lewinsky's Pentagon
Supervisor.
Elizabeth Bailey.......................... Special Assistant to the
Secretary of Defense for
White House Liaison.
Clifford Bernath.......................... Former Deputy to Assistant
Secretary of Defense for
Public Affairs.
Donna Boltz............................... Assistant in the Office of
the Assistant Secretary of
Defense for Public Affairs.
Jeremy ``Mike'' Boorda.................... Admiral, United States Navy
(deceased).
Richard Bridges........................... Colonel, Director for
Defense Information.
Rebecca Cooper............................ Chief of Staff, United
States Mission to the
United Nations.
Monica Ramirez Cranick.................... Sergeant, Broadcast
Engineer, Office of the
Secretary of Defense for
Public Affairs.
Marsha Dimel.............................. Administrative Support
Specialist for Personnel
and Administration in the
National Security Council.
Charles Duncan............................ Former Special Assistant to
the Secretary of Defense
for Public Affairs.
Kate Friedrich............................ Special Assistant, National
Security Advisor.
Jeff Gradick.............................. Commander, Military
Assistant to the Deputy
Assistant to the Assistant
Secretary of Defense for
Public Affairs.
James Graybeal............................ Lt. Commander, Military
Assistant to the Deputy
Assistant to the Assistant
Secretary of Defense for
Public Affairs.
Mark Huffman.............................. Office Manager, Office of
Public Affairs, United
States Department of
Defense.
Jodi Kessinger............................ Former Administrative
Assistant, Office of the
National Security Advisor,
National Security Council.
Janet Reno................................ Attorney General of the
United States.
Darby Ellen Stott......................... Special Assistant, White
House Press Secretary.
Mona Sutphen.............................. Special Assistant to the
United States Ambassador to
the United Nations.
Robert Tyrer.............................. Chief of Staff for the
Secretary of Defense.
Isabelle Watkins.......................... Executive Assistant to Bill
Richardson.

Monica Lewinsky's Friends/Family/Acquaintances
Andrew Bleiler............................ Former Boyfriend of Monica
Lewinsky.
Catherine Allday Davis.................... Friend of Monica Lewinsky.
Kelly Lynn Davis.......................... Friend of Monica Lewinsky.
Neysa Erbland............................. Friend of Monica Lewinsky.
Kathleen Estep............................ Counselor to Monica
Lewinsky.
Deborah Finerman.......................... Aunt of Monica Lewinsky.
David Grobanie............................ Owner of Briarwood
Bookstore.
Dr. Irene Kassorla........................ Therapist to Monica
Lewinsky.
Walter Kaye............................... Family friend of Monica
Lewinsky.
Marcia Lewis.............................. Mother of Monica Lewinsky.
Ashley Raines............................. Friend of Monica Lewinsky
and White House Director of
Office and Policy
Development Operations and
Special Liaison.
Peter Strauss............................. Husband of Marcia Lewis.
Linda Tripp............................... Friend of Monica Lewinsky.
Natalie Rose Ungvari...................... Friend of Monica Lewinsky.
Dale Young................................ Family friend of Monica
Lewinsky.

Monica Lewinsky's New York Employment Contacts
Celia Berk................................ Managing Director of Human
Resources at Burson-
Marstellar.
Ursula Fairbairn.......................... Executive Vice President,
Human Resources and Quality
of American Express.
Peter Georgescu........................... Chairman and Chief Executive
Officer at Young & Rubicam.
Richard Halerpin.......................... Executive Vice President and
Special Counsel to the
President of Revlon.
Barbara Naismith.......................... Secretary at American
Express.
Ronald Perelman........................... Chairman of the Board of
McAndrews & Forbes Holding
Incorporated.
Thomas Schick............................. Executive Vice President,
Corporate Affairs and
Communications at American
Express.
Douglas S. Willey......................... Vice President, Hecht-
Spencer.

Secret Service
William C. Bordley........................ Secret Service Uniformed
Officer.
Gary Byrne................................ Secret Service Uniformed
Officer.
Daniel Carbonetti......................... Secret Service Uniformed
Officer.
Brent Chinery............................. Secret Service Uniformed
Officer.
Larry Cockell............................. Special Agent In Charge,
Secret Service Presidential
Protective Division.
Douglas Dragotta.......................... Secret Service Uniformed
Officer.
Robert C. Ferguson........................ Secret Service Uniformed
Officer.
Lewis Fox................................. Retired Secret Service
Uniformed Officer.
Mathew Fitsch............................. Lt., Secret Service
Uniformed Division.
Nelson Garabito........................... Secret Service Uniformed
Officer.
Bryan Hall................................ Secret Service Uniformed
Officer.
Brian Henderson........................... Secret Service Uniformed
Officer.
Reginald Hightower........................ Secret Service Uniformed
Officer.
Oliver Janney............................. Secret Service Uniformed
Officer.
Greg LaDow................................ Secret Service Uniformed
Officer.
William Ludtke III........................ Secret Service Uniformed
Officer.
Tim Lynn.................................. Secret Service Uniformed
Officer.
Lewis Merletti............................ Director, Secret Service.
John Muskett.............................. Secret Service Uniformed
Officer.
Fremon Myles, Jr.......................... Secret Service Uniformed
Officer.
Robert Myrick............................. Secret Service Uniformed
Officer.
Gary Niedzwieki........................... Secret Service Uniformed
Officer.
Joe Overstreet............................ Secret Service Uniformed
Officer.
Steven Pape............................... Secret Service Uniformed
Officer.
Stacy Porter.............................. Secret Service Uniformed
Officer.
Geoffrey Purdie........................... Secret Service Uniformed
Officer.
William Clair Shegogue.................... Secret Service Uniformed
Officer.
Barry Smith............................... Secret Service Uniformed
Officer.
William Tyler............................. Secret Service Uniformed
Officer.
Sandra Verna.............................. Secret Service Uniformed
Officer.
Keith Williams............................ Secret Service Uniformed
Officer, Sergeant.
Michael Wilson............................ Secret Service Uniformed
Officer.
Bryant Withrow............................ Lt., Secret Service
Uniformed Office Division.

Lawyers and Judges
Kirbe Behre............................... Linda Tripp's former
attorney.
Robert Bennett............................ Attorney for President
Clinton.
Robert Bittman............................ Deputy Independent Counsel.
Plato Cacheris............................ Attorney for Monica
Lewinsky.
Frank Carter.............................. Monica Lewinsky's former
attorney.
Lloyd Cutler.............................. Former White House Counsel.
Mitchell Ettinger......................... Attorney for President
Clinton.
Vince Foster.............................. Former Deputy White House
Counsel.
Hon. Norma Holloway Johnson............... Chief Judge, U.S. District
Court for the District of
Columbia.
David Kendall............................. Attorney for President
Clinton.
Karl Metzner.............................. Attorney for Betty Currie.
Kathy Sexton.............................. Attorney for President
Clinton.
Hon. Susan Webber Wright.................. U.S. District Judge
presiding over Jones v.
Clinton civil suit.
Hon. David Tatel.......................... Judge, U.S. Court of Appeals
for the D.C. Circuit.

Media
Matt Drudge............................... Drudge Report.
Kristen Ganong............................ Manager of Publications, The
Heritage Foundation.
Lucianne Goldberg......................... Literary Agent.
Michael Isikoff........................... Reporter, Newsweek Magazine.
Jim Lehrer................................ Television Journalist.
Eleanor Mondale........................... Reporter, CBS News.
Susan Schmidt............................. Correspondent, Washington
Post.

Foreign Dignitaries
Yitzak Rabin.............................. Former Prime Minister of
Israel.
Ernesto Zedillo........................... President of Mexico.

Other
Ron Brown................................. Former Commerce Secretary.
Patrick Fallon............................ Special Agent, Federal
Bureau of Investigation.
Webster L. Hubbell........................ Former Associate Attorney
General, Friend of the
Clinton Family.

Introduction

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

Factual Background

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

The Investigation

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

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

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

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

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

The Significance of the Evidence of Wrongdoing

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

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

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

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

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

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

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

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

The Scope of the Referral

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

The Contents of the Referral

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

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

a. introduction

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

b. evidence establishing nature of relationship

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

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

4. Documents

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

5. Consistency and Corroboration

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

C. Sexual Contacts

1. The President's Accounts

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

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

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

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

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

2. Ms. Lewinsky's Account

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

D. Emotional Attachment

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

E. Conversations and Phone Messages

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

F. Gifts

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

G. Messages

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

H. Secrecy

1. Mutual Understanding

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

2. Cover Stories

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

3. Steps to Avoid Being Seen or Heard

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

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

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

4. Ms. Lewinsky's Notes and Letters

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

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

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

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

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

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

II. 1995: Initial Sexual Encounters

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

a. overview of monica lewinsky's white house employment

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

b. first meetings with the president

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

c. november 15 sexual encounter

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

D. November 17 Sexual Encounter

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

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

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

E. December 31 Sexual Encounter

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

F. President's Account of 1995 Relationship

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

III. January-March 1996: Continued Sexual Encounters

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

a. january 7 sexual encounter

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

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

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

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

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

b. january 21 sexual encounter

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

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

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

C. February 4 Sexual Encounter and Subsequent Phone Calls

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

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

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

E. Continuing Contacts

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

F. March 31 Sexual Encounter

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

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

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

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

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

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

b. decision to transfer ms. lewinsky

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

c. ms. lewinsky's notification of her transfer

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

d. conversations with the president about her transfer

1. Easter Telephone Conversations and Sexual Encounter

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

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

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

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

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

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

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

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

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

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

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

2. April 12-13: Telephone Conversations

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

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

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

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

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

V. April-December 1996: No Private Meetings

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

a. pentagon job

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

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

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

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

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

B. No Physical Contact

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

C. Telephone Conversations

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

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

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

D. Public Encounters

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

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

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

E. Ms. Lewinsky's Frustrations

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

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

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

VI. Early 1997: Resumption of Sexual Encounters

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

a. resumption of meetings with the president

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

2. Observations by Secret Service Officers

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

B. Valentine's Day Advertisement

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

HANDSOME

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

C. February 24 Message

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

D. February 28 Sexual Encounter

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

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

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

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

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

E. March 29 Sexual Encounter

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

F. Continuing Job Efforts

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

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

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

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

VII. May 1997: Termination of Sexual Relationship

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

a. questions about ms. lewinsky's discretion

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

b. may 24: break-up

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

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

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

VIII. June-October 1997: Continuing Meetings and Calls

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

A. Continuing Job Efforts

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

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

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

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

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

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

B. July 3 Letter

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

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

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

C. July 4 Meeting

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

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

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

D. July 14-15 Discussions of Linda Tripp

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

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

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

E. July 16 Meeting with Marsha Scott

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

F. July 24 Meeting

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

G. Newsweek Article and Its Aftermath

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

H. August 16 Meeting

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

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

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

I. Continuing Job Efforts

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

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

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

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

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

J. Black Dog Gifts

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

K. Lucy Mercer Letter and Involvement of Chief of Staff

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

L. News of Job Search Failure

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

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

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

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

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

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

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

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

a. october 10: telephone conversation

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

b. october 11 meeting

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

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

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

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

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

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

D. The President Creates Options

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

E. The U.N. Interview and Job Offer

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

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

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

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

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

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

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

F. The U.N. Job Offer Declined

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

X. November 1997: Growing Frustration

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

a. interrogatories answered

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

b. first vernon jordan meeting

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

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

C. November 13: The Zedillo Visit

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

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

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

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

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

a. december 5: the witness list

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

b. december 5: christmas party at the white house

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

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

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

c. december 6: the northwest gate incident

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

2. Ms. Lewinsky Returns to the White House

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

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

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

D. The President Confers with His Lawyers

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

E. Second Jordan Meeting

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

F. Early Morning Phone Call

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

G. Job Interviews

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

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

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

a. december 19: ms. lewinsky is subpoenaed

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

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

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

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

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

B. December 22: Meeting with Vernon Jordan

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

C. December 22: First Meeting with Francis Carter

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

D. December 23: Clinton Denials to Paula Jones

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

E. December 28: Final Meeting with the President

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

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

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

E. December 28: Concealment of Gifts

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

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

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

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

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

D. December 31: Breakfast with Vernon Jordan

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

E. January 4: The Final Gift

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

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

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

a. january 5: francis carter meeting

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

b. january 5: call from the president

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

c. january 6: the draft affidavit

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

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

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

D. January 7: Ms. Lewinsky Signs Affidavit

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

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

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

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

E. January 8: The Perelman Call

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

F. January 9: ``Mission Accomplished''

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

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

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

H. January 13: References from the White House

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

I. January 13: Final Jordan Meeting

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

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

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

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

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

K. January 15: The Isikoff Call

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

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

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

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

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

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

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

a. january 17: the deposition

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

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

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

B. The President Meets with Ms. Currie

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

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

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

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

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

D. January 20-22: Lewinsky Story Breaks

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

1. ``Clinton Accused''

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

2. Denials to Aides

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

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

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

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

* * * * * * *

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

3. Initial Denials to the American Public

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

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

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

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

4. ``We Just Have To Win''

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

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

Introduction

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

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

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

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

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

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

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

2. Monica Lewinsky's Testimony

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

3. Phone Sex

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

4. Physical Evidence

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

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

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

6. Summary

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

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

a. background

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

b. the president's grand jury testimony

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

C. Summary

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

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

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

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

[videotape shows approximately five-second
pause before answer]

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

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

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

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

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

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

3. The President's Grand Jury Testimony

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

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

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

4. Summary

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

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

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

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

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

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

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

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

4. Evidence that Contradicts the President's Testimony

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

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

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

6. Summary

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

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

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

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

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

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

* * * * * * *

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

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

* * * * * * *

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

1. Evidence

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

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

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

2. Summary

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

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

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

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

a. concealment of gifts

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

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

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

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

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

2. The President's Grand Jury Testimony

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

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

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

* * * * * * *

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

3. Summary of Gifts

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

B. January 5, 1998, Note to the President

1. Evidence Regarding the January 5, 1998 Note

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

2. President Clinton's Testimony

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

3. Summary on January 5, 1998, Note

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

VI. There is substantial and credible information that

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

a. evidence regarding affidavit and use of affidavit

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

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

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

B. Summary of President's Grand Jury Testimony

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

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

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

C. Evidence Regarding Cover Stories

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

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

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

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

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

* * * * * * *

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

E. Summary

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

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

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

a. evidence

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

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

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

B. Summary

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

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

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

a. president's testimony in the jones case

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

* * * * * * *

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

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

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

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

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

* * * * * * *

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

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

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

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

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

C. Summary

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

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

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

a. evidence

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

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

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

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

* * * * * * *

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

B. The President's Grand Jury Testimony

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

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

* * * * * * *

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

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

C. Summary

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

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

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

a. the testimony of current and former aides

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

2. Erskine Bowles

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

3. Sidney Blumenthal

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

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

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

4. Harold Ickes

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

B. The President's Grand Jury Testimony

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

C. Summary

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

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

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

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

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

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

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

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

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

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

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

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

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

F. Summary

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

Conclusion

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