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 Narrative Footnotes From independent counsel Kenneth Starr's report to the House on President Clinton. Some of the language in these documents is sexually explicit.
1. Lewinsky 8/6/98 GJ at 31-32, 39-40; DB Photos 0004 (photo
of dress).
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.
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.
11. Lewinsky 8/26/98 Depo. at 69.
12. Lewinsky 8/6/98 GJ at 59-60, 87; Lewinsky 8/20/98 GJ at
82; Lewinsky 8/24/98 Int. at 8.
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.
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.
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.
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").
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.
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20. Clinton 1/17/98 Depo. at 57.
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.
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.
26. Clinton 8/17/98 GJ at 10, 92-93.
27. Clinton 8/17/98 GJ at 22.
28. Clinton 8/17/98 GJ at 10, 12, 93-96.
29. 849-DC-00000586. The definition mirrors a federal
criminal statute, 18 U.S.C. § 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.
30. Clinton 8/17/98 GJ at 15, 93, 100, 102.
31. Clinton 8/17/98 GJ at 151.
32. Clinton 8/17/98 GJ at 168.
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").
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.
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.
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.
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.
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-DC-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.
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.
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.
55. Lewinsky 8/6/98 GJ at 52-53.
56. Lewinsky 8/6/98 GJ at 52.
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.
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.
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.
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.
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.
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.
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.
83. Clinton 8/17/98 GJ at 47. See also id. at33-36, 43-46.
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.
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.
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.
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.
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.
103. Lewinsky 8/20/98 GJ at 105; Lewinsky 2/1/98 Statement at
1.
104. Lewinsky 8/20/98 GJ at 22.
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.
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").
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.
110. Lewinsky 8/6/98 GJ at 18. See also Lewinsky 8/20/98 GJ
at 7, 22.
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).
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.
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.
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.").
121. Lewinsky 8/6/98 GJ at 56.
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.
124. Clinton 8/17/98 GJ at 50. See also id. at 130-131.
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.
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).
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.
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.
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.
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).
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.
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.
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.
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.
| ||
| |
|
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.
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.
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.
170. 827-DC-00000008 (Epass records).
171. 1222-DC-00000085 (movement logs).
172. Lewinsky 8/6/98 GJ at 14. See also Lewinsky 7/30/98
Int. at 6-7.
173. Lewinsky 8/6/98 GJ at 14-15; Lewinsky 7/30/98 Int. at 7.
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.
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.
182. Lewinsky 7/30/98 Int. at 7. See also Lewinsky 8/26/98
Depo. at 15.
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.
184. Clinton 1/17/98 Depo. at 58.
185. Clinton 8/17/98 GJ at 31-32.
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).
188. Lewinsky 8/26/98 Depo. at 15-16; Lewinsky 7/27/98 Int.
at 3-4; Lewinsky 7/30/98 Int. at 8.
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.
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.
195. Lewinsky 7/30/98 Int. at 3.
196. 1222-DC-00000325 (Secret Service duty logs).
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.
201. As noted above, White House entry and exit records are
incomplete.
202. 1222-DC-00000183 (movement logs).
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.
205. Lewinsky 8/26/98 Depo. at 19.
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.
210. Lewinsky 8/26/98 Depo. at 38.
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.
213. Fox 2/17/98 GJ at 31.
214. Fox 2/17/98 GJ at 60-61, 66-67.
215. Fox 2/17/98 GJ at 33.
216. Fox 2/17/98 GJ at 19-20, 42, 49-50.
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.
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).
220. Lewinsky 7/30/98 Int. at 9; Lewinsky 8/24/98 Int. at 6.
221. Lewinsky 8/26/98 Depo. at 22-23.
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.
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.
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).
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).
231. 1222-DC-00000196 (movement logs).
232. 1506-DC-00000068 (phone logs).
233. Lewinsky 8/26/98 Depo. at 28-29; Lewinsky 8/24/98 Int.
at 6.
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.
237. Lewinsky 8/26/98 Depo. at 33.
238. Lewinsky 8/26/98 Depo. at 33-34.
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).
241. 1222-DC-00000197, 1222-DC-00000102 (movement logs).
242. 1506-DC-00000102 (phone logs).
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.
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.
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.
252. 1472-DC-00000017 (call logs).
253. 1506-DC-00000017 (call logs).
254. Forbes, 9/22/97 at 2.
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.
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).
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).
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.
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.
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.
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.
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.
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.
290. Lewinsky 8/20/98 GJ at 8.
291. Lieberman 1/30/98 GJ at 41.
292. Panetta 1/28/98 GJ at 139-42.
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.
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.
297. Duncan 2/18/98 GJ at 24.
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.
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.
306. Lewinsky 8/26/98 Depo. at 60.
307. Lewinsky 8/6/98 GJ at 62.
308. 827-DC-00000016 (Epass records).
309. 1222-DC-00000219 (movement log).
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.
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.
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.
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.
316. Clinton 8/17/98 GJ at 130.
317. Lewinsky 8/26/98 Depo. at 40.
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.
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).
326. Lewinsky 8/6/98 GJ at 93, 97.
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.
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).
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.
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.
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.
340. 1506-DC-00000144 (phone logs).
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.
342. Lewinsky 8/6/98 GJ at 65; Lewinsky 7/29/98 Int. at 3-4;
Lewinsky 8/3/98 Int. at 5.
343. Lieberman 1/30/98 GJ at 62.
344. Lieberman 1/30/98 GJ at 62.
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.
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. § 17.18(a) (1998).
349. Lewinsky 7/29/98 Int. at 1.
350. Lewinsky 8/6/98 GJ at 66.
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.
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).
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.
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).
363. Lewinsky 8/20/98 GJ at 25.
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).
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.
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).
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.
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").
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.
390. Lewinsky 8/20/98 GJ at 5. See also id. at 14; Lewinsky
8/19/98 Int. at 5.
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.
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).
| ||
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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.
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.
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, ¶ 11.
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.
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.
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.
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).
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.
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.
420. 827-DC-00000018 (Epass records); Kessinger 2/24/98 Int.
at 2.
421. 833-DC-00001906 (email from Ms. Lewinsky to Ms. Tripp).
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.
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.
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.
439. Lewinsky 8/26/98 Depo. at 47-48. See also Lewinsky
8/6/98 GJ at 31, 38-39.
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.
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.
445. Clinton 8/17/98 GJ at 55.
446. Clinton 8/17/98 GJ at 138.
447. Clinton 8/17/98 GJ at 136-37.
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).
450. Lewinsky 7/30/98 Int. at 16; Lewinsky 8/20/98 GJ at 67-69; Lewinsky 8/24/98 Int. at 7.
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.
456. Lewinsky 7/30/98 Int. at 16.
457. Clinton 8/17/98 GJ at 10.
458. Clinton 8/17/98 GJ at 54-55, 137-38.
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.
461. Lewinsky 8/6/98 GJ at 66-67; Lewinsky 7/27/98 Int. at 5;
Lewinsky 8/5/98 Int. at 2.
462. Lewinsky 8/6/98 GJ at 86-87.
463. Lewinsky 8/26/98 Depo. at 62.
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.").
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.
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.
469. 827-DC-00000018 (Epass records).
472. Lewinsky 8/4/98 Int. at 2-3.
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.
478. Clinton v. Jones, 117 S. Ct. 1636 (1997).
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.
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.
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).
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.
493. Currie 5/7/98 GJ at 35; see id. at 39.
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.
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).
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.
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.
503. Clinton 8/17/98 GJ at 124.
504. Lewinsky 8/6/98 GJ at 69. See also Lewinsky 7/29/98
Int. at 8.
505. Lewinsky 8/6/98 GJ at 69. See also Lewinsky 7/29/98
Int. at 7.
507. V006-DC-00002140; V006-DC-00002214.
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.
511. Lewinsky 8/26/98 Depo. at 55-56.
512. Lewinsky 8/26/98 Depo. at 56-57. See also Lewinsky
7/28/98 Int. at 6.
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).
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.
517. Lewinsky 8/6/98 GJ at 71.
518. Lewinsky 8/6/98 GJ at 73-74; Lewinsky 7/29/98 Int. at 7.
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.
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).
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.
526. Lewinsky 8/6/98 GJ at 76.
527. 1222-DC-00000251 (movement logs).
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).
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.
533. Lewinsky 8/6/98 GJ at 78-79.
535. Lewinsky 8/6/98 GJ at 79; Tripp 7/16/98 at 12.
536. Lewinsky 8/6/98 GJ at 79-80.
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.
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.
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).
546. Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7; Lewinsky 8/24/98
Int. at 6.
547. Newsweek, 8/11/97 at 30.
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.
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).
554. Lewinsky 8/26/98 Depo. at 52. See also Lewinsky 8/20/98
GJ at 70.
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).
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).
560. 1037-DC-00000086 - 87, 1037-DC-00000167, 1037-DC-00000255 - 256, 1037-DC-00000258 - 259 (email to Catherine Davis)
(spelling and punctuation corrected).
561. Scott 3/26/98 GJ at 142.
562. Lewinsky 8/4/98 Int. at 5.
563. MSL-DC-00001052 (spelling and punctuation corrected).
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.
565. 1037-DC-00000038 - 040; 1037-DC-00000167 - 169 (email to
Catherine Davis).
566. Lewinsky 8/6/98 GJ at27-28 & 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.
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.
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.
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.
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.
576. Lewinsky 7/31/98 Int. at 10.
577. Lewinsky 8/13/98 Int. at 1.
578. MSL-55-DC-0178 (spelling and punctuation corrected).
579. Lewinsky 8/4/98 Int. at 2-3.
585. MSL-55-DC-00000001 (letter); 837-DC-00000001 (courier
receipts); T1 at 97.
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.
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).
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.
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).
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.
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.
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.
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.
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.
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.
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.
617. Lewinsky 8/13/98 Int. at 4; Lewinsky 8/26/98 Depo. at
61-63.
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.
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.
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.
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.
634. Lewinsky 8/26/98 Depo. at 64-65; Lewinsky 7/31/98 Int.
at 13.
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.
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.
641. The draft was retrieved from Ms. Lewinsky's computer in
the course of a consensual search on January 22, 1998.
642. MSL-55-DC-0179 (punctuation added)(italics in original).
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).
645. Lewinsky 8/13/98 Int. at 4-5; Lewinsky 7/31/98 Int. at
14; Lewinsky 7/27/98 Int. at 5.
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.
648. Sutphen 5/27/98 Depo. at 26.
649. Richardson 4/30/98 Depo. at 90-91; Sutphen 5/27/98 Depo.
at 21-23.
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.
652. Clinton 1/17/98 Depo. at 73.
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).
656. 921-DC-00000101 - 118 (Second Set of Interrogatories
from Plaintiff to Defendant Clinton).
657. V002-DC-00000016; V002-DC-00000020-21.
658. See supra at IX.B. See also Lewinsky 8/6/98 GJ at 104;
Lewinsky 7/31/98 Int. at 11-12.
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").
664. Currie 5/6/98 GJ at 169-70, 176-78, 182-83, 198.
665. Clinton 1/17/98 Depo. at 81.
666. Clinton 1/17/98 Depo. at 82.
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).
673. Jordan 3/3/98 GJ at 13.
674. V004-DC-00000135 (Akin, Gump phone records).
675. Jordan 5/5/98 GJ at 54.
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.
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; Lewinksy 8/3/98 Int. at 9.
680. Jordan 3/3/98 GJ at 50.
681. Jordan 5/5/98 GJ at 26-30, 34.
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).
684. Lewinsky 8/13/98 Int. at 5.
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).
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).
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 (email 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.
692. MSL-1249-DC-0140; Lewinsky 8/13/98 Int. at 6.
693. 1037-DC-00000318 (email retrieved from Catherine Davis's
computer).
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.
696. Lewinsky 8/13/98 Int. at 6; 1037-DC-00000318 (email 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).
699. 1037-DC-00000318 (email to Catherine Davis).
700. Lewinsky 8/13/98 Int. at 6.
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.
703. Lewinsky 8/11/98 Int. at 1; Lewinsky 7/31/98 Int. at 1-2; 837-DC-00000011 (courier receipt); MSL-1249-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.
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.)
706. MSL-1249-DC-0140 (spelling and punctuation corrected).
707. MSL-1249-DC-0139 (spelling and punctuation corrected).
710. See infra at Section XI.F. See also Lewinsky 8/6/98 GJ
at 121-26.
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.
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.
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).
719. MSL-DC-55-0177 (punctuation corrected).
720. MSL-55-DC-0177 (punctuation corrected).
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.
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.
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.
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.
733. Lewinsky 8/6/98 GJ at 113.
734. Lewinsky 8/6/98 GJ at 113-14.
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.
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.
740. Lewinsky 8/6/98 GJ at 115.
741. 1037-DC-00000011 (spelling corrected).
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
772. Jordan 3/3/98 GJ at 154.
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.
776. 1414-DC-00001534 - 46 (Plaintiff's Second Request for
Production of Documents and Things).
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).
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.
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.
786. Lewinsky 8/6/98 GJ at 126.
787. Lewinsky 8/6/98 GJ at 126.
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.
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.
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.
796. Lewinsky 8/6/98 GJ at 128; Harte 4/17/98 Int. at 1.
797. 902-DC-000000135 - 138 (Lewinsky subpoena).
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.
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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.
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.
804. Lewinsky 8/6/98 GJ at 131.
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.
810. Jordan 3/3/98 GJ at 102.
811. Jordan 3/3/98 GJ at 103.
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.
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.
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.
824. Jordan 3/3/98 GJ at 167-8.
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.
826. Jordan 3/3/98 GJ at 173-74.
827. Jordan 3/3/98 GJ at 170.
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.
830. Clinton 8/17/98 GJ at 64.
831. Clinton 8/17/98 GJ at 65-66.
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.
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.
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.
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.
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.
850. Carter 6/18/98 GJ at 39.
851. Carter 6/18/98 GJ at 42-43.
852. V002-DC-000000052 - 54 (President Clinton's Supplemental
Responses to Plaintiff's Second Set of Interrogatories); 1414-DC-00000512 - 17 (same).
853. Lewinsky 8/6/98 GJ at 149.
854. Lewinsky 8/6/98 GJ at 149.
855. V0006-DC-00000009 (WAVES records).
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.
857. Lewinsky 8/26/98 Depo. at 53.
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.
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.
865. Lewinsky 8/6/98 GJ at 168.
866. Clinton 1/17/98 Depo. at 68.
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.
870. Catherine Davis 3/17/98 GJ at 77-79.
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.
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.
878. Lewinsky 2/1/98 Statement at 7 (punctuation corrected).
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.
880. Currie 5/6/98 GJ at 105-06.
881. Currie 5/6/98 GJ at 126.
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.
886. Clinton 8/17/98 GJ at 51.
887. Clinton 8/17/98 GJ at 115.
888. Clinton 8/17/98 GJ at 46.
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).
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.
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.
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.
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.
902. Carter 6/18/98 GJ at 67-68; Lewinsky 8/6/98 GJ at 194,
199.
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.").
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.").
909. Clinton 8/17/98 GJ at 126
910. Clinton 8/17/98 GJ at 129.
911. Lewinsky 9/3/98 Int. at 2.
912. Lewinsky 8/6/98 GJ at 198.
913. Lewinsky 8/6/98 GJ at 198.
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.
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.
922. 849-DC-00000634-35 (emphasis added).
923. Lewinsky 8/6/98 GJ at 202.
925. Lewinsky 8/6/98 GJ at 202.
926. Jordan 3/5/98 GJ at 11.
927. Jordan 3/5/98 GJ at 11.
928. See Telephone Calls, Table 35. Catalogs of relevant
phone calls are included in Appendix G as a Phone Log, Tables 1
through 50.
929. Carter 6/18/98 GJ at 76-77, 92-93.
930. 902-DC-00000030 (Mr. Carter's bill to Ms. Lewinsky).
931. Jordan 5/5/98 GJ at 210, 214.
932. Jordan 5/5/98 GJ at 218-20.
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.
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.
942. Clinton 1/17/98 Depo. at 72.
943. Clinton 8/17/98 GJ at 74.
944. Clinton 8/17/98 GJ at 75.
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.
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.
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.
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.
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.
960. Seidman 4/23/98 Depo. at 37-38.
961. Lewinsky 8/6/98 GJ at 210.
962. Lewinsky 8/6/98 GJ at 210.
963. Jordan 5/28/98 GJ at 30.
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.
966. 921-DC-00000770-72 (Clerk's minutes of in-camera
hearing).
967. Sheldon 4/34/98 Depo. at 22.
968. Lewinsky 8/6/98 GJ at 214.
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.
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.
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.
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.
978. Clinton 8/17/98 GJ at 111-13.
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.
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.
985. Currie 5/6/98 GJ at 120-21.
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).
989. Jordan 3/5/98 GJ at 71.
990. Jordan 3/5/98 GJ at 71.
993. Ungvari 3/19/98 GJ at 61.
994. V0002-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.
996. 921-DC-00000775 - 778.
997. Carter 6/18/98 GJ at 123.
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.
999. Clinton 1/17/98 Depo. at 1 (849-DC-00000352 et seq.).
1000. Clinton 1/17/98 Depo. at 1-2.
1001. Clinton 1/17/98 Depo. at 10.
1002. Clinton 1/17/98 Depo. at 22-23; 849-DC-00000586
(Clinton Depo. Ex. 1).
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.
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.
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.
1013. Clinton 1/17/98 Depo. at 68.
1014. Clinton 1/17/98 Depo. at 68-71.
1015. Clinton 1/17/98 Depo. at 72, 79-83.
1016. Clinton 1/17/98 Depo. at 78.
1017. Clinton 1/17/98 Depo. at 212-13.
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.
1020. Lindsey 2/19/98 GJ at 14-15.
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.
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.
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.
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.
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.
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.
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.
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.
1041. Clinton 8/17/98 GJ at 57.
1042. Clinton 8/17/98 GJ at 132.
1043. Clinton 8/17/98 GJ at 55.
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.
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.
1051. Clinton 8/17/98 GJ at 135.
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.
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.
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.
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.
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.
1065. See Telephone Calls, Table 50.
1066. Mr. Bennett was apparently referring to Ms. Lewinsky's
affidavit.
1067. Clinton Accused at A1.
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.
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.
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.
1073. White House Press Conference (Mike McCurry), Jan. 21,
1998.
1074. Lindsey 8/28/98 GJ at 11-12.
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.
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.
1086. Blumenthal 6/4/98 GJ at 49-50; Blumenthal 6/25/98 GJ at
15, 51.
1087. Podesta 6/16/98 GJ at 92.
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.
1089. Clinton 8/17/98 GJ at 101-09.
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.
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.
1094. Broadcast on "All Things Considered" on National Public
Radio, 5:07 p.m., Wednesday, January 21, 1998.
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.
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.
1097. Roll Call, Inc., January 22, 1998; transcript of press
conference.
1098. "All Things Considered," January 21, 1998.
1099. "The News Hour," January 21, 1998.
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.
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.
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.
1106. Morris 8/18/98 GJ at 15.
1107. Morris 8/18/98 GJ at 15-16.
1108. Morris 8/18/98 GJ at 17.
1109. Morris 8/18/98 GJ at 28.
1110. Morris 8/18/98 GJ at 30.
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.
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.
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.
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.
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.").
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