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Grounds Footnotes

From independent counsel Kenneth Starr's report to the House on President Clinton. Some of the language in these documents is sexually explicit.

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1. The pseudonym Jane Doe was used during discovery to refer to certain women whose identities were protected from the public.
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2. For a discussion of the procedural background to the Jones case, see Appendix, Tab C.
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3. Sections 1621 and 1623 of Title 18 (perjury) carry a penalty of imprisonment of not more than five years for knowingly making a false, material statement under oath, including in any ancillary court proceeding. An "ancillary proceeding" includes a deposition in a civil case. United States v. McAfee, 8 F.3d 1010, 1013 (5th Cir. 1993); United States v. Scott, 682 F.2d 695, 698 (8th Cir. 1982). The perjury statutes apply to statements made during civil proceedings. As one United States Court of Appeals recently stated, "we categorically reject any suggestion, implicit or otherwise, that perjury is somehow less serious when made in a civil proceeding. Perjury, regardless of the setting, is a serious offense that results in incalculable harm to the functioning and integrity of the legal system as well as to private individuals." United States v. Holland, 22 F.3d 1040, 1047 (11th Cir. 1994); see also United States v. Wilkinson, 137 F.3d 214, 225 (4th Cir. 1998).
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4. Clinton 1/17/98 Depo.; see also Clinton 1/17/98 Depo. at 18.
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5. Clinton 1/17/98 Depo. at 19.
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6. Written interrogatories are a common discovery device in federal civil cases by which a party serves written questions on the opposing party. The rules require that they be answered under oath and therefore under penalty of perjury. See Fed. R. Civ. P. 33.
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7. V002-DC-00000016-32 (Plaintiff's Second Set of Interrogatories, see Interrogatory no. 10). The interrogatory in the text reflects Judge Wright's order, dated December 11, 1997, limiting the scope of the question to cover only women who were state or federal employees at the relevant times.
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8. V002-DC-00000052-55 (President Clinton's Supplemental Responses to Plaintiff's Second Set of Interrogatories, see Response to Interrogatory no. 10).
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9. Clinton 1/17/98 Depo., Exh. 1.
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10. Robert S. Bennett, counsel for President Clinton.
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11. Clinton 1/17/98 Depo. at 78 (emphasis added).
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12. Id. at 204 (emphasis added). The full text of Ms. Lewinsky's affidavit is set forth in the Doc. Supp. B, Tab 7.
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13. White House records reflecting entry and exit are incomplete. For Ms. Lewinsky, there are no records for January 7, 1996, and January 21, 1996.
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14. The President's false statements to the grand jury are discussed in Ground II.
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15. Lewinsky 8/26/98 Depo. at 6-7.
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16. Id. at 7.
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17. Id. at 8. Ms. Lewinsky stated that the hallway outside the Oval Office study was more suitable for their encounters than the Oval Office because the hallway had no windows. Lewinsky 8/6/98 GJ at 34-35.
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18. Lewinsky 8/26/98 Depo. at 8.
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19. Id. at 8, 21. Ms. Lewinsky testified that she had an orgasm. Id. at 8.
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20. Id. at 11-12.
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21. Id. at 12-13.
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22. Id. at 14.
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23. Id. at 12-13.
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24. Id. at 15-16.
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25. Id. at 17. After the sexual encounter, she saw the President masturbate in the bathroom near the sink. Id. at 18.
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26. Id. at 18.
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27. Id. at 18.
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28. Id. at 19. They engaged in oral-anal contact as well. See Lewinsky 8/26/98 Depo. at 18-20.
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29. Id. at 21-22. This was shortly after their first phone sex encounter, which occurred on January 16, 1996. Id. at 22; Lewinsky 7/30/98 Int. at 9. Phone sex occurs when one or both parties masturbate while one or both parties talk in a sexually explicit manner on the telephone.
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30. Lewinsky 8/26/98 Depo. at 25.
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31. Id. at 26. As Ms. Lewinsky departed, she observed the President "manually stimulating" himself in Ms. Hernreich's office. Id. at 27.
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32. Id. at 28-32.
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33. Id. at 28.
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34. Id. at 30-31. Ms. Lewinsky testified that she had an orgasm. Id.
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35. Id. at 30-32. They engaged in oral-anal contact as well. See Lewinsky 8/26/98 Depo. at 29-33.
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36. Id. at 34-38.
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37. Id. at 37-38. The President then put the cigar in his mouth and said to Ms. Lewinsky: "it tastes good." Lewinsky 7/30/98 Int. at 12-13; see also Lewinsky Depo. at 38.
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38. Lewinsky 8/6/98 GJ at 91, 94-97; Lewinsky 8/26/98 Depo. at 40-42.
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39. Lewinsky 8/26/98 Depo. at 40-43.
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40. Id. at 45-49. They had engaged in phone sex a number of times in the interim, according to Ms. Lewinsky. Lewinsky 7/30/98 Int. at 14-15.
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41. Lewinsky 8/26/98 Depo. at 47. On this occasion, the President ejaculated. Id.
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42. FBI Lab Report, Lab Nos. 980730002SBO and 980803100SBO, 8/17/98.
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43. Lewinsky 8/26/98 Depo. at 49-51.
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44. Ms. Lewinsky testified that she had multiple orgasms.  Id. at 50.
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45. Id. at 50-51; Lewinsky 8/6/98 GJ at 21. On this occasion, the President ejaculated. Lewinsky 8/26/98 Depo. at 50-51.
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46. Lewinsky 8/26/98 Depo. at 51-53.
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47. Id. at 53. See also Lewinsky 8/6/98 GJ at 35-36.
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48. Lewinsky 7/30/98 Int. at 11-16; Lewinsky 8/6/98 GJ at 24. The summary chart of contacts between the President and Ms. Lewinsky, GJ Exhibit ML-7, which is based on information provided by Ms. Lewinsky, lists 17 separate phone sex calls. Id. at 27-28. Ms. Lewinsky also gave the President Vox, a novel about phone sex. Id.

While phone sex may not itself constitute a "sexual relationship," it adds detail to Ms. Lewinsky's testimony and underscores the sexual and intimate nature of the relationship between the President and Ms. Lewinsky.

Ms. Lewinsky also said that the President left a few messages on her home answering machine (although he told her he did not like to leave messages). Ms. Lewinsky provided four microcassettes of four messages to the OIC on July 29, 1998. FBI Receipt for Property Received, dated 7/29/98.
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49. FBI Lab Report, Lab No. 9800730002SB0, 8/3/98.
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50. FBI Observation Report (White House), 8/3/98.
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51. FBI Lab Report, Lab No. 980730002SBO and 980803100SBO, 8/17/98.
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52. Id.
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53. Catherine Davis 3/17/98 GJ at 9-10. Ms. Catherine Davis talked to Ms. Lewinsky by telephone an average of once a week until April 1997 when Ms. Davis moved to Tokyo; thereafter she and Ms. Lewinsky remained in touch through e-mail. Id. at 14, 27.
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54. Id. at 19-20.
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55. Id. at 20.
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56. Id. at 169.
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57. Id. at 37.
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58. Erbland 2/12/98 GJ at 9-10. Ms. Erbland testified that she spoke on the phone with Ms. Lewinsky at least once a month. Id. at 18-19.
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59. Id. at 24, 30, 31.
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60. Id. at 27.
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61. Id. at 26 ("She told me that she had given him [oral sex] and that she had had all of her clothes off, but that he only had his shirt off and that she had given him oral sex and they kissed and fondled each other and that they didn't have sex. That was kind of a little bit of a letdown for her."); id. at 29 ("He put his face in her chest. And, you know, just oral sex on her part, you know, to him.").
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62. Id. at 29.
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63. Id. at 45.
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64. Id. at 39 ("They were like phone sex conversations. They would, you know, talk about what they wanted to do to each other sexually.").
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65. Ms. Ungvari spoke with Monica Lewinsky on the telephone an average of once a week, and visited her in Washington in October 1995 and March 1996. Ungvari 3/19/98 GJ at 9-11, 14-15.
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66. Id. at 18.
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67. Id. at 23-24.
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68. Id. at 81.
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69. Raines 1/29/98 GJ at 11. Ms. Raines and Monica Lewinsky have become "close friend[s]" since Ms. Lewinsky left the White House. Id. at 19.
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70. Id. at 35-36, 38.
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71. Id. at 30, 43, 48.
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72. Id. at 51.
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73. Andrew Bleiler 1/28/98 Int. at 3.
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74. Id. at 3.
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75. Ms. Lewinsky gave this Office permission to interview Dr. Kassorla.
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76. Kassorla 8/28/98 Int. at 2.
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77. Id. at 2-3. Dr. Kassorla advised Ms. Lewinsky against the relationship, stating that she was an employee having an office romance with a superior and that the relationship would cost Ms. Lewinsky her job. Id. at 2.
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78. Tripp 7/2/98 GJ at 104.
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79. Id. at 97-105.
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80. Finerman 3/18/98 Depo. at 29-33.
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81. She testified that the encounter concluded with the President masturbating into a bathroom sink. Id. at 30-31. Ms. Finerman indicated that "it was something I didn't want to talk about," and Ms. Lewinsky "sort of clammed up" thereafter. Id. at 35. See also Lewinsky 8/26/98 Depo. at 18.
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82. Finerman 3/18/98 Depo. at 33-35.
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83. Young 6/23/98 GJ at 37-38.
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84. Estep 8/23/98 Int. at 1. Ms. Estep is a licensed certified social worker; Ms. Lewinsky gave this Office permission to interview her.
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85. Id. at 1, 4.
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86. Id. at 3. Ms. Estep also thought that Ms. Lewinsky had her "feet in reality." Id.
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87. Id. at 2.
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88. Id.
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89. The President and Ms. Lewinsky had ten sexual encounters that included direct contact with the genitalia of at least one party, and two other encounters that included kissing. On nine of the ten occasions, Ms. Lewinsky performed oral sex on the President. On nine occasions, the President touched and kissed Ms. Lewinsky's bare breasts. On four occasions, the President also touched her genitalia. On one occasion, the President inserted a cigar into her vagina to stimulate her. The President and Ms. Lewinsky also had phone sex on at least fifteen occasions.
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90. This denial encompassed touching of Ms. Lewinsky's breasts or genitalia.
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91. He provided his responses during his August 17, 1998 grand jury appearance; those responses are separately analyzed in Ground II.
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92. Chief Judge Norma Holloway Johnson, United States District Court for the District of Columbia, and Judge Susan Webber Wright, United States District Court for the Eastern District of Arkansas, each has one copy of the videotape, and the Congress may see fit to seek the videotape from either court. The videotape is valuable in facilitating a proper assessment of the facts and evidence presented in this Referral.
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93. Clinton 1/17/98 Depo., Exh. 1.
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94. Clinton 8/17/98 GJ at 151.
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95. Clinton 8/17/98 GJ at 151 (emphasis added).
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96. The definition used at the President's deposition also covers acts in which the deponent "cause[d] contact" with the genitalia or anus of "any person." When he testified to the grand jury, the President said that this aspect of the definition still does not cover his receiving oral sex. The President said that the word "cause" implies "forcing to me" and "forcible abusive behavior." Clinton 8/17/98 GJ at 17. And thus the President said that he did not lie under oath in denying that he "caused" contact with the genitalia of any person because his activity with Ms. Lewinsky did not include any nonconsensual behavior. Id. at 18.
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97. She testified that she had orgasms on three of the four occasions. We note that fact because (i) the definition referred to direct contact with the genitalia with the "intent to arouse or gratify" and (ii) the President has denied such contact. Ms. Lewinsky also testified that on one occasion, the President put his hand over her mouth during a sexual encounter to keep her quiet. Lewinsky 7/31/98 Int. at 3.
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98. MSL-55-DC-0094; MSL-55-DC-0124.
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99. Lewinsky 8/20/98 GJ at 54.
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100. Text of President's Address to Nation, reprinted in Washington Post, August 18, 1998, at A5 (emphasis added).
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101. Clinton 8/17/98 GJ at 107.
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102. Following the President's public admission of an inappropriate relationship, Judge Wright stated sua sponte in an order issued on September 1, 1998: "Although the Court has concerns about the nature of the President's January 17, 1998 deposition testimony given his recent public statements, the Court makes no findings at this time regarding whether the President may be in contempt." Jones v. Clinton, No. LR-C-94-290 (September 1, 1998), Unpublished Order at 7 n.5.
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103. Clinton 8/17/98 GJ at 9-10.
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104. Id. at 9-10. See also Excerpt from President Clinton's Televised Address to the American People, 8/17/98, reprinted in The Washington Post, at A5 (8/18/98) ("In a deposition in January, I was asked questions about my relationship with Monica Lewinsky. While my answers were legally accurate, I did not volunteer information.").
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105. Clinton 8/17/98 GJ at 23-24.
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106. Id. at 93.
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107. Id. at 110 (emphasis added).
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108. Id. at 95-96 (emphasis added).
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109. Lewinsky 8/26/98 Depo. at 69.
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110. MSL-55-DC-0094; MSL-55-DC-0124.
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111. Lewinsky 8/20/98 GJ at 54.
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112. Clinton 1/17/98 Depo. at 26 ("If the predicates are met, we have no objection to detail").
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113. See, e.g., Ungvari 3/19/98 GJ at 18, 22-24; Erbland 2/12/98 GJ at 23-25.
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114. V006-DC-00003737-3744.
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115. 827-DC-00000008; 1222-DC-00000156, 1222-DC-0000083-85.
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116. Lewinsky 7/30/98 Int. at 6; Lewinsky 8/24/98 Int. at 5.
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117. The President contended that he had only one encounter in 1997 with Ms. Lewinsky, whereas she says that there were two. The motive for making a false statement on that issue is less clear, except that perhaps the President wanted to portray the 1997 relationship as an isolated incident.
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118. Ms. Jones's attorneys had earlier served President Clinton with a document request that sought documents reflecting "any communications, meetings or visits involving" President Clinton and Ms. Lewinsky. 1414-DC-00001534-46.
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119. Throughout the Jones case, Judge Susan Webber Wright ruled that Ms. Jones was entitled to discover information regarding the nature of President Clinton's relationship with government employees, including Monica Lewinsky, a federal employee at the time. See, e.g., 921-DC-00000459-66; 920-DC-00000517-25; 1414-DC-00001006-14; 921-DC-00000736-44; 921-DC-00000751-52; 1414-DC-00001188-92.
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120. Clinton 1/17/98 Depo. at 52-53 (emphasis added).
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121. Ms. Lewinsky testified that many of her sexual encounters with the President occurred in this windowless hallway. Lewinsky 8/6/96 GJ at 34-36.
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122. The President had earlier testified that during the government shutdown in November 1995, Ms. Lewinsky was working as an intern in the Chief of Staff's Office, and had brought the President and others some pizza. Clinton 1/17/98 Depo. at 58.
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123. Id. at 58-59 (emphasis added).
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124. Id. at 59(emphasis added).
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125. Lewinsky 8/6/98 GJ at 20, 52.
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126. Lewinsky 8/26/98 Depo. at 22; Lewinsky 8/6/98 GJ at 52-53.
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127. Lewinsky 8/6/98 GJ at 76.
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128. Id. at 52-53.
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129. Id. at 35.
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130. Id. at 34-36.
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131. Id. at 20.
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132. Currie 1/27/98 GJ at 32-33. See also Currie 5/6/98 GJ at 98. The Oval Office area includes the study, dining room, kitchen, bathroom, and hallway connecting the area. See Appendix, Exhibit D (diagram of Oval Office area).
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133. Currie 1/27/98 GJ at 34-35 (recalling that after the President's radio address, the President told Ms. Lewinsky he wanted to show her his collection of political buttons and took her into the Oval Office study for 15 to 20 minutes while Ms. Currie waited nearby, in the pantry or the dining room).
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134. Currie 1/27/98 GJ at 36-38 (testifying that Ms. Lewinsky came to the White House and met with the President alone for 15 or 20 minutes). See also Currie 5/14/98 GJ at 116.
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135. Currie 1/27/98 GJ at 35-36 (testifying that Ms. Lewinsky and the President were in the Oval Office for "[p]erhaps 30 minutes."). Again, Ms. Currie testified that she believes no one else was present. See also Currie 5/6/98 GJ at 103-105.
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136. Ferguson 7/17/98 GJ at 23-35 (alone for approximately 45 minutes); Ferguson 7/23/98 GJ at 18-24.
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137. Fox 2/17/98 GJ at 30-38 (alone for approximately 40 minutes).
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138. Bordley 8/13/98 GJ at 19-30 (alone for approximately 30 to 35 minutes).
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139. Garabito 7/30/98 GJ at 25-32.
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140. Byrne 7/30/98 GJ at 7-12, 29-32 (alone for 15 to 25 minutes).
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141. Muskett 7/21/98 GJ at 9-13, 22-32 (alone on Easter Sunday 1996).
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142. The last date that White House records reflect a visit by Ms. Lewinsky is Sunday, December 28, 1997. 827-DC-00000018; V006-DC-00000009.
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143. Maes 4/8/98 GJ at 84-89.
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144. Clinton 8/17/98 GJ at 9-10 (emphasis added).
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145. Id. at 30-33.
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146. Id. at 34.
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147. Id. at 54.
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148. Clinton 1/17/98 Depo. at 58-59.
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149. See id. at 52-53, 59.
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150. Clinton 8/17/98 GJ at 118; Lewinsky 8/6/98 GJ at 53-55.
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151. In criminal law, a feigned lack of memory is sufficient for a perjury conviction. See, e.g., United States v. Chapin, 515 F.2d 1274 (D.C. Cir. 1975); Behrle v. United States, 100 F.2d 174 (D.C. Cir. 1938).
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152. Clinton 1/17/98 Depo. at 75 (emphasis added).
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153. Clinton 8/17/98 GJ at 36.
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154. Lewinsky 8/6/98 GJ at 27-28, 150-51; GJ Exhibit ML-7.
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155. FBI Receipt for Property received, 7/29/98.
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156. Lewinsky 8/6/98 GJ at 26-28; GJ Exhibit ML-7.
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157. Lewinsky 8/6/98 GJ at 151. Ms. Lewinsky's subpoena directed in part: "Please produce each and every gift including, but not limited to, any and all dresses, accessories, and jewelry, and/or hat pins given to you by, or on behalf of, Defendant Clinton." 902-DC-00000135-38.
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158. Lewinsky 8/6/98 GJ at 33, 152. See also Lewinsky 2/1/98 Statement at 7. In fact, Ms. Lewinsky had told Ms. Tripp about it. Ms. Lewinsky had also discussed the hat pin and the subpoena's request for the hat pin with Mr. Jordan. Lewinsky 8/6/98 GJ at 132, 140.
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159. Currie 5/6/98 GJ at 142 (relating incident where the President asks Ms. Currie about the hat pin he gave to Ms. Lewinsky). After this criminal investigation started, Ms. Currie turned over a box of items -- including a hat pin -- that had been given to her by Ms. Lewinsky. Ms. Currie understood from Ms. Lewinsky that the box did contain gifts from the President. SeeCurrie 5/6/98 GJ at 107. Ms. Lewinsky testified that the box contained gifts from the President, including the hat pin. Lewinsky 8/6/98 GJ at 154-162.
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160. Ms. Lewinsky testified that the President had given her a gold brooch, and she made near-contemporaneous statements to Ms. Erbland, Ms. Raines, Ms. Ungvari, and Ms. Tripp regarding the gift. Lewinsky 8/6/98 GJ at 26-28; GJ Exhibit ML-7; Erbland 2/12/98 GJ at 41; Raines 1/29/98 GJ at 53-55; Ungvari 3/19/98 GJ at 44; Tripp 7/29/98 GJ at 105.
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161. Ms. Lewinsky testified that Leaves of Grass was "the most sentimental gift he had given me." Lewinsky 8/6/98 GJ at 156. Ms. Lewinsky made near-contemporaneous statements to her mother, her aunt, and her friends Ms. Davis, Ms. Erbland, and Ms. Raines that the President had given her Leaves of Grass. Davis 3/17/98 GJ at 30-31; Erbland 2/12/98 GJ at 40-41; Finerman 3/18/98 Depo. at 15-16; Marcia Lewis 2/10/98 GJ at 51-52; Marcia Lewis 2/11/98 GJ at 10 ("[S]he liked the book of poetry very much."); Raines 1/29/98 GJ 53-55.
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162. Lewinsky 8/6/98 GJ at 27; GJ Exhibit ML-7.
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163. Lewinsky 8/26/98 Depo. at 15-16; Lewinsky 8/6/98 GJ at 27; GJ Exhibit ML-7; Finerman Depo. 3/18/98 at 13-17; Ungvari 3/19/98 GJ at 43-44.
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164. Clinton 1/17/98 Depo. at 76-77 (emphasis added).
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165. Lewinsky 8/6/98 GJ at 27-28, GJ Exhibit ML-7; Lewinsky 7/27/98 Int. at 12-14.
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166. Lewinsky 8/6/98 GJ at 235-36.
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167. Id. at 27, 150; GJ Exhibit ML-7.
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168. V002-DC-00000475 (Letter to OIC, 3/16/98).
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169. Lewinsky 8/6/98 GJ at 27; GJ Exhibit ML-7. See also Lewinsky 7/27/98 Int. at 14.
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170. Lewinsky 8/6/98 GJ at 185.
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171. Letter from David Kendall to OIC, August 3, 1998.
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172. V002-DC-00000471. Ms. Lewinsky testified that she bought and gave the President that book in early January 1998, and that when she talked to him on January 5, 1998, he acknowledged that he had received the book. Lewinsky 8/6/98 GJ at 189-192. When testifying before the grand jury, the President acknowledged receiving "a particularly nice book for Christmas, an antique book on Presidents. She knew that I collected old books and it was a very nice thing." Clinton 8/17/98 GJ at 36.
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173. V002-DC-0000003.
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174. Lewinsky 8/6/98 GJ at 27-28, 109; GJ Exhibit ML-7.
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175. Id.; Lewinsky 8/6/98 GJ at 26-28; Lewinsky 7/27/98 Int. at 13. The President did not turn over this antique book in response to a subpoena.
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176. Lewinsky 8/6/98 GJ at 27-28; GJ Exhibit ML-7. The President did not produce The Notebook in response to a subpoena.
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177. Lewinsky 8/6/98 GJ at 27-28, 182-183; GJ Exhibit ML-7. Ms. Lewinsky saw a copy of the book in the President's study in November 1997. Lewinsky 8/6/98 GJ at 183. White House records list Oy Vey and Vox on an October 10, 1997, catalog of books in the West Wing. 1361-DC-000000029 (Catalog of Books in the West Wing Presidential Study as of 10 October 1997). The President did not produce Oy Vey in response to a subpoena.
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178. Lewinsky 8/6/98 GJ at 27-28, 183-84; Lewinsky 7/27/98 Int. at 13; GJ Exhibit ML-7. Ms. Lewinsky testified that she had seen the book in the President's study in November 1997. Lewinsky 8/6/98 GJ at 183-84. The President did not produce this book in response to a subpoena.
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179. Id. at 27-28, 183-84; Lewinsky 7/27/98 Int. at 12-13; GJ Exhibit ML-7.
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180. Lewinsky 8/6/98 GJ at 26-28; GJ Exhibit ML-7.
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181. These included a Sherlock Holmes game sometime after Christmas 1996; a golf ball and tees on February 28, 1997; after the President injured his leg in March 1997, a care package filled with whimsical gifts, such as a magnet with the Presidential seal for his metal crutches, a license plate with "Bill" for his wheelchair, and knee pads with the Presidential seal; a Banana Republic casual shirt and a puzzle on golf mysteries on May 24, 1997; the card game "Royalty" in mid-August 1997; shortly before Halloween of 1997, a package filled with Halloween-related items, such as a pumpkin lapel pin, a wooden letter opener with a frog on the handle, and a plastic pumpkin filled with candy; and on December 6, 1997, a Starbucks Santa Monica mug and a Hugs and Kisses box. Lewinsky 8/6/98 GJ at 27-28; GJ Exhibit ML-7; Lewinsky 7/27/97 Int. at 12-15.
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182. Clinton 8/17/98 GJ at 47.
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183. Id. at 34-36.
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184. Id. at 173 (emphasis added). The President testified that "to his knowledge" he has turned over all the gifts that Ms. Lewinsky gave him. Id. at 154-155.
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185. Id. at 172-173.
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186. Currie 5/6/98 GJ at 88-89; see also id. at 184; Currie 5/14/98 GJ at 78. Courier receipts show that Ms. Lewinsky sent nine packages to Ms. Currie. See 0837-DC-00000001 to 0837-DC-00000027.
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187. T1 at 63-64.
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188. Currie GJ 5/6/98 at 88-89; see also Currie GJ 5/14/98 at 78.
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189. Currie 5/6/98 GJ at 129.
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190. Currie 5/14/98 GJ at 145.
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191. In his grand jury testimony, the President said that this question at his civil deposition confused him and that he thought that the questioner was asking whether he could list specific gifts he had given her rather than whether he had ever given Ms. Lewinsky a gift. Clinton 8/17/98 GJ at 51-52. Even if that explanation were credited, the President's answer to the hat pin question is inaccurate, particularly because he had discussed it with Ms. Lewinsky on December 28, according to her testimony.
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192. Clinton 1/17/98 Depo. at 75.
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193. Lewinsky 8/6/98 GJ at 167.
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194. Clinton 1/17/98 Depo. at 70-71 (emphasis added).
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195. Lewinsky 8/6/98 GJ at 123; Lewinsky 8/26/98 Depo. at 57-58; Lewinsky 2/1/98 Statement at 4.
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196. Lewinsky 8/6/98 GJ at 123-24; Lewinsky 2/1/98 Statement at 4 ("When asked what to do if she was subpoenaed, the Pres. suggested she could sign an affidavit to try to satisfy their inquiry and not be deposed.").
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197. Lewinsky 8/6/98 GJ at 123 (emphasis added); Lewinsky 2/1/98 Statement at 4 ("In general, Ms. L. should say she visited the WH to see Ms. Currie and, on occasion when working at the WH, she brought him letters when no one else was around.").
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198. Lewinsky 8/6/98 GJ at 123-24.
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199. Jordan 5/5/98 GJ at 136, 142, 144-45; Lewinsky 8/6/98 GJ at 133, 135.
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200. Lewinsky 8/6/98 GJ at 151-52; Lewinsky 8/20/98 GJ at 65-66; Lewinsky 2/1/98 Statement at 6.
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201. Lewinsky 8/6/98 GJ at 152; Lewinsky 8/20/98 GJ at 66.
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202. Lewinsky 8/6/98 GJ at 152; Lewinsky 8/20/98 GJ at 66. See also Lewinsky 8/1/98 Int. at 11 (noting that the President said something like "I don't know" or "I'll think about it").
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203. Lewinsky 8/6/98 GJ at 154-59. See also Lewinsky 8/1/98 Int. at 11-12.
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204. Lewinsky 8/6/98 GJ at 197.
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205. Clinton 8/17/98 GJ at 33.
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206. Id. at 36-37 (emphasis added).
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207. Id. at 39-40 (emphasis added).
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208. Clinton 1/17/98 Depo. at 68.
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209. Id. (emphasis added).
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210. Jordan 5/5/98 GJ at 144; Lewinsky 8/6/98 GJ at 138-39.
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211. Clinton 8/17/98 GJ at 36 (emphasis added).
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212. Lewinsky 8/6/98 GJ at 149-153, 191-192, 195-198; Lewinsky 8/20/98 GJ at 35-36, 47, 49, 65-66.
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213. Clinton 8/17/98 GJ at 106.
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214. See 18 U.S.C. §§ 1503, 1512, 1621.
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215. Lewinsky 8/6/98 GJ at 121-26.
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216. Id. at 126; Lewinsky 8/20/98 GJ at 70.
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217. 920-DC-00000013-18.
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218. 920-DC-00000018.
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219. Lewinsky 8/6/98 GJ at 132.
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220. Id. at 132.
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221. Id. at 133.
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222. Jordan 3/3/98 GJ at 159. Mr. Jordan stated that Ms. Lewinsky was crying both on the telephone earlier that day and then again in his office. Id. at 149-150.
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223. Lewinsky 8/6/98 GJ at 149.
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224. Id. at 149.
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225. Id. at 152. This statement was false. Ms. Lewinsky had "in fact . . . told people about the hat pin." Id.
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226. Id. at 152. In a later grand jury appearance, Ms. Lewinsky again described the conversation, and said "I don't remember his response. I think it was something like, 'I don't know,' or 'Hmm' or -- there really was no response." Lewinsky 8/20/98 GJ at 66.
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227. Lewinsky 8/26/98 Depo. at 58.
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228. Lewinsky 8/6/98 GJ at 166-67 (emphasis added).
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229. Id. at 154; Lewinsky 8/20/98 GJ at 71.
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230. Lewinsky 8/6/98 GJ at 154-55.
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231. Lewinsky 2/1/98 Statement at 7 (emphasis added); see also Lewinsky 8/6/98 GJ at 179; Lewinsky 8/20/98 GJ at 62 ("I was truthful in my [February 1] proffer").
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232. Lewinsky 8/6/98 GJ at 155.
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233. Id. at 154.
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234. Currie 1/27/98 GJ at 57-58.
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235. Currie 5/6/98 GJ at 105-06.
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236. Id. at 126 (emphasis added).
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237. Id. at 108.
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238. Lewinsky 8/6/98 GJ at 156-58.
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239. Id. at 158.
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240. Currie 5/6/98 GJ at 105, 107-08.
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241. Lewinsky 8/20/98 GJ at 72-73.
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242. Lewinsky 8/6/98 GJ at 158.
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243. FBI Receipt for Property Received, 1/23/98; 824-DC-00000001-2 (letter from Karl Metzner, attorney for Betty Currie, dated 1/23/98, to the OIC, listing items in the box).
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244. Clinton 8/17/98 GJ at 43-44 (emphasis added). In his grand jury testimony, the President repeated this "whatever you have" language several times. Id. at 45, 46-47, 115.
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245. Id. at 51.
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246. Id. at 114-15.
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247. Id. at 46-47.
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248. Id. at 46.
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249. Ms. Currie testified that she was taking St. John's Wort to try to remember, but it was not helping. Currie 7/22/98 GJ at 172.
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250. Lewinsky 2/1/98 Statement at 7 (emphasis added).
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251. Lewinsky 8/6/98 GJ at 154-55; see also Lewinsky 8/20/98 GJ at 70-72.
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252. Currie 5/6/98 GJ at 126.
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253. Lewinsky 9/3/98 Int. at 2.
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254. Id.
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255. Id. In addition, under her immunity agreement, Ms. Lewinsky has no apparent motive to shift blame on this issue. In fact, just the opposite. If the truth were that she had called Ms. Currie, she could have said as much, and it would not have affected Ms. Lewinsky's legal rights or obligations at all. Moreover, she stated that does not want to harm the President with her truthful testimony. Lewinsky 8/26/98 Depo. at 69.
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256. Currie 5/6/98 GJ at 108.
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257. Currie 5/6/98 GJ at 32; see also id. at 44, 45.
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258. Clinton 8/17/98 GJ at 106.
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259. Clinton 1/17/98 Depo. at 75.
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260. Lewinsky 8/20/98 GJ at 5 (Ms. Lewinsky could not visit the President unless Ms. Currie cleared her in); see also Lewinsky 7/31/98 Int. at 4-5 (Currie was "in the loop" when it came to keeping Lewinsky's relationship with the President discreet); Currie GJ 5/6/98 at 14-15, 57-58, 97-98.
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261. Lewinsky 8/6/98 GJ at 189-91, 197-98.
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262. Id. at 189, 198.
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263. Lewinsky 9/3/98 Int. at 2.
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264. Lewinsky 8/6/98 GJ at 198.
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265. Id.
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266. V0002-DC-0000093-116.
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267. Clinton 8/17/98 GJ at 127.
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268. Id. at 49-50.
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269. President Clinton also committed perjury before the grand jury if he was involved in the concealment of the gifts.
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270. Lewinsky 8/6/98 GJ at 121-22.
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271. Id. at 122-23.
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272. Lewinsky 2/1/98 Statement at 4.
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273. Lewinsky 8/19/98 Int. at 4-5; see also Lewinsky 8/6/98 GJ at 123.
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274. Id. at 124.
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275. Id. at 234 (emphasis added).
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276. Id. at 145-48.
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277. Lewinsky Affidavit, Jan. 7, 1998, ¶ 8 (849-DC-00000634).
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278. Ms. Lewinsky spoke to one of her friends, Catherine Allday Davis in early January. Ms. Lewinsky informed her of her situation. Ms. Davis said that "I was very scared for her" and "I didn't want to see her being like Susan McDougal." Catherine Davis 3/17/98 GJ at 80. Ms. Davis said that she did not want Monica "to lie to protect the President." Id. at 173.
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279. Lewinsky 2/1/98 Statement at 9; see also Lewinsky 8/19/98 Int. at 4.
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280. Jordan 5/5/98 GJ at 223-25.
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281. Id. at 223-25.
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282. Carter 6/18/98 GJ at 113.
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283. Clinton 1/17/98 Depo. at 54.
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284. Id. at 54.
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285. Id. at 204 (emphasis added).
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286. Clinton 8/17/98 GJ at 120. See also id. at 82 ("I was glad she saw a lawyer. I was glad she was doing an affidavit.").
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287. Clinton 8/17/98 GJ at 117.
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288. Id. at 22 (emphasis added).
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289. Id. at 25.
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290. Id. at 30.
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291. Id. at 59 (emphasis added).
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292. Id. at 20.
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293. Id. at 61.
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294. Id. at 61-62.
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295. Id. at 26.
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296. Lewinsky 8/6/98 GJ at 53-54 (Q: "When you say that you planned to bring papers, did you ever discuss with the President the fact that you would try to use that as a cover?" ML: "Yes.").
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297. Muskett 7/21/98 GJ at 25-26, 83, 89-90; Fox 2/17/98 GJ at 34-35.
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298. Householder 8/13/98 GJ at 11; Byrne 7/30/98 GJ at 9, 16, 30, 37; Garabito 7/30/98 GJ at 17. Other Secret Service officers testified that they saw Ms. Lewinsky in the West Wing carrying paperwork. Moore 7/30/98 GJ at 25-26; Overstreet 8/11/98 GJ at 7; Wilson 7/23/98 GJ at 32.
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299. Lewinsky 8/6/98 GJ at 54-55.
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300. Id. at 55.
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301. Id. at 27-28; GJ Exhibit ML-7. Ms. Lewinsky testified that she met with the President in private after she left her position at the White House on eleven dates in 1997: February 28 (following the radio address), March 29, May 24, July 4, July 14, July 24, August 16, October 11, November 13, December 6, and December 28.
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302. See Appendix, Tab E (Table of Recorded Visits).
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303. Lewinsky 8/6/98 GJ at 55.
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304. Clinton 8/17/98 GJ at 117.
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305. Lewinsky 8/6/98 GJ at 123.
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306. Id. at 123-24 (emphasis added).
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307. Clinton 1/17/98 at 50-51 (emphasis added).
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308. Id. at 52-53.
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309. Id. at 192-93 (emphasis added).
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310. Id. at 197.
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311. Clinton 8/17/98 GJ at 119.
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312. Id. at 117. According to Ms. Lewinsky, this was the conversation in which the President told her that her name was on the Jones witness list, and in which she and the President discussed her filing an affidavit and the continued use of cover stories. Lewinsky 8/6/98 GJ at 121-23.
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313. Clinton 8/17/98 GJ at 118, 119-20 (emphasis added). The President repeated at several other points in his testimony that he did not remember what he said to Ms. Lewinsky in the phone conversation on December 17. See id. at 117 ("I don't remember exactly what I told her that night."); id. at 118-19 ("you are trying to get me to characterize something [the cover stories] that I'm -- that I don't know if I said or not").
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314. The OIC is aware of no evidence that Mr. Bennett knew that Ms. Lewinsky's affidavit was false at the time of the President's deposition.
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315. Lewinsky 8/6/98 GJ at 67-69.
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316. 849-DC-00000002-10.
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317. Ms. Lewinsky said that on October 6, 1997, she had been told by Linda Tripp that a friend of Tripp's at the National Security Council had reported that Lewinsky would not be getting a White House job. Ms. Lewinsky said that at that point she finally decided to move to New York. Lewinsky 7/31/98 Int. at 9-10.
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318. Id. at 10-11.
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319. Id. at 11.
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320. Lewinsky 8/13/98 Int. at 2-3.
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321. Lewinsky 8/6/98 GJ at 103-04.
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322. 968-DC-00003569 (Presidential call log).
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323. Bowles 4/2/98 GJ at 67.
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324. Id. at 70.
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325. Podesta 2/5/98 GJ at 31-33, 35, 40-41.
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326. Richardson 4/30/98 Depo. at 28.
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327. Lewinsky 7/31/98 Int. at 12. Ms. Lewinsky said that she spoke to President Clinton about the phone call on October 23, during which she suggested to the President that she was interested in some job other than at the United Nations. Id. According to Ms. Lewinsky, the President replied that he just wanted her to have some options. Id.

Ms. Lewinsky said that she spoke to the President again on October 30 about the interview, in which she expressed anxiety about meeting with the Ambassador. Ms. Lewinsky said that the President told her to call Betty Currie after the interview so he would know how the interview went. Id. at 13.
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328. Lewinsky 7/31/98 Int. at 14.
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329. Lewinsky 8/26/98 Depo. at 67; Lewinsky 7/31/98 Int. at 14.
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330. Lewinsky 7/31/98 Int. at 14.
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331. Id. at 15. Ms. Lewinsky related this incident to her friend, Catherine Allday Davis, in a near-contemporaneous email. 1037-DC-00000017. See also Catherine Davis 3/17/98 GJ at 124.
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332. Lewinsky 7/31/98 Int. at 14-15.
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333. V004-DC-00000135 (Akin Gump phone records); Jordan 5/5/98 GJ at 52-55.
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334. Lewinsky 8/6/98 GJ at 26-27 and GJ Exhibit ML-7. Ms. Lewinsky stated that just before Thanksgiving, 1997, she called Betty Currie and asked her to contact Vernon Jordan and prod him along in the job search. Lewinsky 8/4/98 Int. at 8. It was Ms. Lewinsky's understanding that Jordan was helping her at the request of the President and Ms. Currie. Id.
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335. See Clinton 8/17/98 GJ at 84-85. Under the federal witness tampering statutes, it is a crime to corruptly persuade a witness to alter his testimony. See 18 U.S.C. §§ 1503, 1512.
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336. 1178-DC-00000026 (WAVES records).
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337. Lewinsky 8/4/98 Int. at 2.
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338. Jordan 3/3/98 GJ at 48-49.
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339. Id. at 65.
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340. 921-DC-000000459-66.
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341. Lewinsky 8/6/98 GJ at 121-23.
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342. Id. at 121; Lewinsky 8/1/98 Int. at 6, 10.
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343. Lewinsky 8/6/98 GJ at 127-28.
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344. Id. at 138-41; Lewinsky 2/1/98 Statement at 6; cf. Jordan 3/3/98 GJ at 182-90 (recalls discussion of job search only).
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345. V002-DC-000000052 (President Clinton's Supplemental Responses to Plaintiff's Second Set of Interrogatories).
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346. Lewinsky 8/6/98 GJ at 149.
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347. Lewinsky 8/6/98 GJ at 151-52; Lewinsky 7/27/98 Int. at 7. This was the same meeting where the President and Ms. Lewinsky discussed their concerns over the Lewinsky subpoena and its demand for the production of gifts.
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348. Sutphen 5/27/98 Depo. at 39; Lewinsky 7/27/98 Int. at 5.
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349. Lewinsky 8/6/98 GJ at 191-98, 205-06.
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350. Jordan 5/5/98 GJ at 223-25.
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351. Id. at 232; Lewinsky 8/6/98 GJ at 209.
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352. Lewinsky 8/6/98 GJ at 208-10.
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353. Jordan 5/28/98 GJ at 39 (emphasis added).
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354. Ms. Jones's attorney named the "other women" he planned to call at trial:

Mr. Fisher: They would include . . . Monica Lewinsky

Judge Wright: Can you tell me who she is?

Mr. Fisher: Yes, your Honor.

Judge Wright: I never heard of her.

Mr. Fisher: She's the young woman who worked in the White House for a period of time and was later transferred to a job in the Pentagon.

1414-DC-00001327-28.
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355. 1414-DC-00001334-46.
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356. Lewinsky 8/6/98 GJ at 214.
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357. Bowles 4/2/98 GJ at 78-79.
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358. Hilley 5/19/98 GJ at 74; Hilley 5/26/98 GJ at 11.
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359. 830-DC-0000007.
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360. 921-DC-00000775-78; 1292-DC-000000661-86.
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361. The arrangement may not be explicitly spelled out. In this case, for example, there is no evidence that Ms. Lewinsky received an explicit proposal where someone said, "I'll give you a job if you lie under oath."
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362. In a recorded conversation, Ms. Lewinsky discussed the job assistance various individuals, including Vernon Jordan, gave Webster Hubbell, and she expressed her concern that someone could similarly consider the assistance she was provided as improper in some manner: "I think somebody could construe, okay? Somebody could construe or say, 'Well, they gave her a job to shut her up. They made her happy.'" T2 at 11.
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363. Clinton 1/17/98 Depo. at 68-69 (emphasis added).
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364. Id. at 72 (emphasis added). See also id. at 73 ("[m]y understanding was . . . that she was going to move to New York and that she was looking for some advice [from Jordan] about what she should do when she got there").
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365. Jordan 3/5/98 GJ at 26.
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366. Jordan 3/5/98 GJ at 29.
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367. 833-DC-0017890 (Pentagon phone records). See also Jordan 3/3/98 GJ at 92-93 (testifying that Ms. Lewinsky called him up and she was "very upset" about "being served with a subpoena in the Paula Jones case").
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368. Jordan 5/5/98 GJ at 142-43.
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369. Id. at 133-34. Mr. Jordan had told Ms. Lewinsky to come see him at 5:00 p.m. Lewinsky 8/6/98 GJ at 129. See also Jordan 5/5/98 GJ at 144 (relating why he wanted to tell the President about Ms. Lewinsky's subpoena).
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370. 1178-DC-00000014 (White House phone records); Jordan 5/5/98 GJ at 145.
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371. Jordan 5/5/98 GJ at 145-47.
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372. Jordan 3/3/98 GJ at 167-69. White House records indicate that Mr. Jordan was scheduled to arrive at 8:00 p.m., and actually arrived at 8:15 p.m. See 1178-DC-00000026 (WAVES record). Mr. Jordan testified, however, that he is certain that he did not arrive at the White House until after 10 p.m. Jordan 5/5/98 GJ at 164.
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373. Jordan 3/3/98 GJ at 169.
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374. Id. at 172.
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375. Jordan 5/5/98 GJ at 221-22.
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376. Jordan 3/5/98 GJ at 24-25, 33; Jordan 5/5/98 GJ at 223-26; V004-DC-00000159 (Akin Gump phone records).
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377. The affidavit is dated January 7, 1998, so the conversation informing the President that it had been signed could not have occurred any earlier than this date.
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378. Jordan 5/5/98 GJ at 224-26.
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379. Jordan 3/5/98 GJ at 25. Cf. Jordan 5/5/98 GJ at 225-26 (When President was told Ms. Lewinsky signed affidavit, "[t]here was no elation. There was no celebration.").
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380. Jordan 3/5/98 GJ at 26 (emphasis added).
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381. Id. at 125.
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382. Clinton 8/17/98 GJ at 73-75.
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383. Id. at 75-77.
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384. That matter is still under criminal investigation by this Office.
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385. Under the federal witness tampering and obstruction of justice statutes, it is a crime to attempt to corruptly persuade another person with intent to influence the person's testimony in an official proceeding. See 18 U.S.C. §§ 1503, 1512.
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386. Clinton 1/17/98 Depo. at 68.
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387. Id. at 70-71.
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388. Id. at 72-73, 79.
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389. Id. at 80-82.
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390. Id. at 212-213.
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391. Jones v. Clinton, Order of Judge Susan Webber Wright, January 29, 1998, at 2.
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392. Currie 1/24/98 Int. at 8 ("CURRIE advised CLINTON may have mentioned that CURRIE might be asked about LEWINSKY"); Currie 5/6/98 GJ at 118 (Q: "Didn't the President talk to you about Monica's name coming up in those cases [Whitewater or Jones v. Clinton]?" BC: "I have a vague recollection of him saying that her name may come up. Either he told me, somebody told me, but I don't know how it would come up.").
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393. Currie 5/7/98 GJ at 80-81; GJ Exhibit BC 3-10, 1248-DC-00000307 (Presidential Call Log, Jan. 17, 1998). The White House call log indicates that the President called Ms. Currie at 7:02 p.m., they talked at 7:13 p.m., and the call ended at 7:14 p.m.

The President returned to the White House from the deposition at 4:26 p.m. 1248-DC-00000288 (Kearney's logs).
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394. Currie 1/27/98 GJ at 65-66. The President confirmed that he called Betty Currie shortly after his deposition, and that he asked her to come in on Sunday, her day off. Clinton 8/17/98 GJ at 148-49.

The next day at 1:11 p.m., the President again called Ms. Currie at home. Currie 5/7/98 GJ at 85. GJ Exhibit BC 3-11, 1248-DC-00000311 (Presidential Call Log, Jan. 18, 1998). Ms. Currie could not recall the content of the second call, stating: "He may have called me on Sunday at 1:00 after church to see what time I can actually come in. I don't know. That's the best I can recollect." Id. at 89.
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395. Currie 5/7/98 GJ at 91. See also Clinton 8/17/98 GJ at 149 (acknowledging that Ms. Currie normally would not be in the White House on Sunday).
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396. Currie 1/27/98 GJ at 70.
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397. Currie 1/24/98 Int. at 6.
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398. Currie 1/27/98 GJ at 71, 73-74. At different points in the grand jury testimony, there are minor variations in the wording used or agreed to by Ms. Currie in recounting the President's statements. Compare id. at 71 ("You were always there when Monica was there." (Currie statement)) with id. at 74 (Q: "'You were always there when she was there, right?' Is that the way you remember the President stating it to you?" BC: "That's how I remember him stating it to me.").
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399. Id. at 72.
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400. Id. at 72. See also Currie 1/24/98 Int. at 6.
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401. Ms. Currie interpreted this last comment as simply a statement, not necessarily one for which the President was seeking her agreement. Currie 1/27/98 GJ at 72-73.
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402. Currie 1/27/98 GJ at 71 (Q: "Okay. And then you told us that the President began to ask you a series of questions that were more like statements than questions." BC: "Right.").
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403. Id. at 72-76.
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404. Id.
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405. Currie 1/24/98 Int. at 7.
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406. Id. at 6.
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407. Currie 1/27/98 GJ at 32-34.
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408. Id. at 82-83.
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409. Id. at 76.
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410. Currie 5/7/98 GJ at 99-100. Ms. Lewinsky called Betty Currie shortly after 10:00 p.m., but told Ms. Currie that she could not talk to her that night. Id. at 101.
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411. GJ Exhibit BC 3-12, V006-DC-00002068 (call log). The call lasted approximately one minute.
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412. Currie 5/7/98 GJ at 102.
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413. 831-DC-00000009 (Lewinsky pager records). As the records reflect, Betty Currie used the name Kay or Kate when paging Monica Lewinsky. Lewinsky 8/6/98 GJ at 215-17; Currie 7/22/98 GJ at 148-49.
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414. V006-DC-00002069; V006-DC-00002070 (White House telephone records). Ms. Currie testified that she probably called the President to tell him that she had not yet spoken to Ms. Lewinsky. Ms. Currie does not remember the substance of the conversations with the President for either of the calls that he made to her. Currie 5/7/98 GJ at 106-07. The phone calls from the President were approximately one and two minutes in length. That Monday, January 19, was a holiday, and Ms. Currie was not at work.
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415. Currie 1/27/98 GJ at 80-82 (emphasis added).
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416. Clinton 8/17/98 GJ at 56-57 (emphasis added). See also id. at 131-32 (Q: "You said that you spoke to her in an attempt to refresh your own recollection about the events involving Monica Lewinsky, is that right?" WJC: "Yes.").
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417. Id. at 132-34 (emphasis added).
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418. Id. at 134.
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419. Id. at 134-35 (emphasis added).
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420. Id. at 136-37.
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421. The President is referring to the statement he read at the beginning of his grand jury appearance.
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422. Id. at 139-40 (emphasis added).
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423. Id. at 141-42.
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424. Two federal criminal statutes, Sections 1512 and 1503 of Title 18 of the United States Code, prohibit misleading potential witnesses with the intent to influence their grand jury testimony. Section 1512 provides that whoever "corruptly . . . engages in misleading conduct toward another person, with intent to -- (1) influence, delay, or prevent the testimony of any person in an official proceeding . . . shall be fined under this title or imprisoned not more than ten years, or both." 18 U.S.C. § 1512(b). It is no defense to a charge of witness tampering that the official proceeding had not yet begun, nor is it a defense that the testimony sought to be influenced turned out to be inadmissible or subject to a claim of privilege. 18 U.S.C. § 1512(e).

Section 1503 provides that whoever "corruptly or by threats or force . . . influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due administration of justice" has committed a felony. 18 U.S.C. § 1503(a)-(b).

The Governor of Guam was convicted of witness tampering for lying to a potential witness "intending that [the witness] would offer [the Governor's] explanation concerning the [illegally used] funds to the FBI." United States v. Bordallo, 857 F.2d 519, 525 (9th Cir. 1988), amended on other grounds, 872 F.2d 334 (9th Cir.), cert. denied, 493 U.S. 818 (1989).
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425. Podesta 2/5/98 GJ at 13. Mr. Podesta has served as Deputy Chief of Staff since January 1997, and previously served as Staff Secretary for the Clinton Administration from 1993 through 1995. Podesta 2/5/98 GJ at 9-10.
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426. Podesta 6/16/98 GJ at 84-85.
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427. Id. at 85.
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428. Id.
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429. Id. at 92 (emphasis added).
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430. Mr. Podesta dated this conversation as perhaps taking place on January 23, 1998. Podesta 6/16/98 GJ at 88.
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431. Id. at 88.
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432. Mr. Podesta testified that he was "sensitive about not exchanging information because I knew I was a potential witness." Podesta 6/23/98 GJ at 79.
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433. Podesta 6/16/98 GJ at 94; see also Podesta 6/23/98 GJ at 79.
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434. See id. at 79 (emphasis added).
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435. Podesta 6/23/98 GJ at 77-78.
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436. Bowles 4/2/98 GJ at 12. Mr. Bowles has been the Chief of Staff for President Clinton since January 20, 1997. Id.
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437. Id. at 83-84 (emphasis added).
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438. Id. at 91.
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439. Blumenthal 2/26/98 GJ at 4-5.
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440. Blumenthal 6/4/98 GJ at 46-53.
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441. Blumenthal 6/4/98 GJ at 49 (emphasis added).
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442. Blumenthal 6/25/98 GJ at 41.
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443. Blumenthal 6/4/98 GJ at 50.
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444. Blumenthal 6/25/98 GJ at 27.
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445. Blumenthal 6/4/98 GJ at 52 (emphasis added).
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446. Blumenthal 6/25/98 GJ at 17. See also Blumenthal 6/25/98 GJ at 26 ("My understanding was that the accusations against him which appeared in the press that day were false, that he had not done anything wrong").
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447. Ickes 7/23/98 GJ at 8. Mr. Ickes worked as Deputy Chief of Staff for President Clinton from early 1994 through January 1997. Id.
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448. Ickes 6/10/98 GJ at 21-22, 66 (meeting occurred on Monday following the week that the media first reported the Lewinsky story).
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449. Ickes 6/10/98 GJ at 73 (emphasis added). See also Ickes 8/5/98 GJ at 88 ("[H]e denied to me that he had had a sexual relationship. I don't know the exact phrase, but the word 'sexual' was there. And he denied any obstruction of justice").
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450. Ickes 6/10/98 GJ at 73.
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451. Clinton 8/17/98 GJ at 105-109 (emphasis added).
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452. Id. at 107.
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453. 1512-DC-00000037.
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454. Text of President's Address to Nation, reprinted in Washington Post, August 18, 1998, at A5.
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455. Morris 8/18/98 GJ at 28.
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456. Id. at 30.
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457. Id. (emphasis added).
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458. Id. at 35.
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459. Televised Remarks by President Clinton at the White House Education News Conference, Monday, January 26, 1998, 10:17 a.m.
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460. Other than Ms. Lewinsky's status and age, several aspects of the relationship could have raised public concerns.

First, Ms. Lewinsky lost her job at the White House in April 1996 and was transferred to the Pentagon. Under oath, Ms. Lewinsky was asked: "Do you believe that if you hadn't had a sexual relationship with the President that you would have kept your job at the White House?" She answered: "Yes." Lewinsky 8/26/98 Depo. at 60.

Second, Ms. Lewinsky was asked, "Do you believe that your difficulty or inability to return to employment at the White House was because of your sexual relationship with him?" She answered: "Yes. Or the issues that, or that the problems that people perceived that really were based in truth because I had a relationship with the President." Lewinsky 8/26/98 Depo. at 60.

Third, in late 1997, the President saw to it that Ms. Lewinsky received extraordinary job assistance. Such assistance might have been tied to her involvement in the Jones case, as discussed earlier, as well as a benefit to an ex-paramour. If the latter was a factor, then the President's actions discriminated against all of those interns and employees who did not receive the same benefit.
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461. NBC News, "Today" Show, interview with Mrs. Clinton by Matt Lauer, Jan. 27, 1998, 1998 WL 5261146.
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462. Associated Press, Jan. 27, 1998, 1998 WL 7380187.
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463. Nightline, Jan. 26, 1998, 1998 WL 5372969.
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464. Associated Press, Jan. 26, 1998.
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465. Schmidt and Baker, Ex-Intern Rejected Immunity Offer in Probe, Washington Post, Jan. 24, 1998, at A1.
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466. "The NewsHour with Jim Lehrer," PBS, Jan. 21, 1998, 1998 WL 8056086. The President stated later in the interview: "I'll do my best to help them get to the bottom of it."
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467. All Things Considered, National Public Radio, Jan. 21, 1998, 1998 WL 3643482.
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468. Roll Call Interview, Jan. 21, 1998, 1998 WL 5682372.
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469. Lloyd N. Cutler, Legal Opinion of September 28, 1994.
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470. Brief for President Clinton, filed June 15, 1998, at 30, In re Lindsey, 148 F.3d 1100 (D.C. Cir. 1998).
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471. 418 U.S. 683 (1974).
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472. Hernreich 2/25/98 GJ at 5-7.
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473. Even though the White House later withdrew the claim, the mere assertion of Executive Privilege as to Ms. Hernreich is important. Such an invocation causes a needless, but substantial, expenditure of litigation resources and delays and impedes the grand jury process. The overuse of Executive Privilege against the United States in the criminal process thus ultimately hinders the faithful execution of the laws -- as the Supreme Court unanimously recognized twenty-four years ago in United States v. Nixon.
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474. In re Grand Jury Proceeding, 5 F. Supp. 2d 21 (D.D.C. 1998).
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475. John F. Harris, Clinton Finds There's No Escape; In Africa, President Sidesteps Executive Privilege Questions, Wash. Post, Mar. 25, 1998, at A2.
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476. Declaration of Charles F.C. Ruff at ¶ 56 (Mar. 17, 1998).
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477. Breuer 8/4/98 GJ at 96-97, 108-09.
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478. In re Grand Jury Proceedings, Unpublished Order (under seal), August 11, 1998.
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479. Mills 8/11/98 GJ at 53-54.
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480. Id. at 53, 54, 64-66, 71-74, 77-78.
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481. Clinton 8/17/98 GJ at 167 (emphasis added).
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482. Lindsey 8/28/98 GJ at 58. The President's use and withdrawal of Executive Privilege was not new to this Office. In August 1996, the White House invoked Executive Privilege to prevent White House attorneys from producing documents regarding their communications with Hillary Rodham Clinton. After the OIC filed a motion to compel in the United States District Court for the Eastern District of Arkansas, the claim was withdrawn, and the White House relied solely on a claim of government attorney-client privilege, which the United States Court of Appeals for the Eighth Circuit rejected. The public never knew at that time of the President's assertion of Executive Privilege in that case.

In 1997, the President again asserted Executive Privilege -- this time to prevent Thomas "Mack" McLarty from testifying fully. The conversations in question related in part to Mr. McLarty's efforts to find employment for Webster Hubbell as Mr. Hubbell was resigning his position as Associate Attorney General. The President withdrew the assertion before the OIC filed a motion to compel.
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483. President Clinton's Motion for Continuance, filed July 28, 1998.
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484. DeFrank, Prez Vows Cooperation Pledges Complete, Truthful Testimony, N.Y. Daily News, Aug. 1, 1998, at 3.
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485. Clinton 8/17/98 GJ at 7.
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486. Clinton 8/17/98 GJ at 10.
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487. E.g., Clinton 8/17/98 GJ at 12, 102, 109, 110.
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488. Text of President's Address to Nation, reprinted in Washington Post, August 18, 1998, at A5 (emphasis added).
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