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.
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).
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.
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.
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.
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.
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.
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,
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.").
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.
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.
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
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.
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.
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.
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.
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
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.
118. Ms. Jones's attorneys had earlier served President
Clinton with a document request that sought documents reflecting
"any communications, meetings or visits involving" President
Clinton and Ms. Lewinsky. 1414-DC-00001534-46.
119. Throughout the Jones case, Judge Susan Webber Wright
ruled that Ms. Jones was entitled to discover information
regarding the nature of President Clinton's relationship with
government employees, including Monica Lewinsky, a federal
employee at the time. See, e.g., 921-DC-00000459-66; 920-DC-00000517-25; 1414-DC-00001006-14; 921-DC-00000736-44; 921-DC-00000751-52; 1414-DC-00001188-92.
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.
132. Currie 1/27/98 GJ at 32-33. See also Currie 5/6/98 GJ
at 98. The Oval Office area includes the study, dining room,
kitchen, bathroom, and hallway connecting the area. See Appendix,
Exhibit D (diagram of Oval Office area).
133. Currie 1/27/98 GJ at 34-35 (recalling that after the
President's radio address, the President told Ms. Lewinsky he
wanted to show her his collection of political buttons and took
her into the Oval Office study for 15 to 20 minutes while
Ms. Currie waited nearby, in the pantry or the dining room).
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.
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).
157. Lewinsky 8/6/98 GJ at 151. Ms. Lewinsky's subpoena
directed in part: "Please produce each and every gift including,
but not limited to, any and all dresses, accessories, and
jewelry, and/or hat pins given to you by, or on behalf of,
Defendant Clinton." 902-DC-00000135-38.
158. Lewinsky 8/6/98 GJ at 33, 152. See also Lewinsky 2/1/98
Statement at 7. In fact, Ms. Lewinsky had told Ms. Tripp about
it. Ms. Lewinsky had also discussed the hat pin and the
subpoena's request for the hat pin with Mr. Jordan. Lewinsky
8/6/98 GJ at 132, 140.
159. Currie 5/6/98 GJ at 142 (relating incident where the
President asks Ms. Currie about the hat pin he gave to
Ms. Lewinsky). After this criminal investigation started,
Ms. Currie turned over a box of items -- including a hat pin --
that had been given to her by Ms. Lewinsky. Ms. Currie
understood from Ms. Lewinsky that the box did contain gifts from
the President. 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.
160. Ms. Lewinsky testified that the President had given her
a gold brooch, and she made near-contemporaneous statements to
Ms. Erbland, Ms. Raines, Ms. Ungvari, and Ms. Tripp regarding the
gift. Lewinsky 8/6/98 GJ at 26-28; GJ Exhibit ML-7; Erbland
2/12/98 GJ at 41; Raines 1/29/98 GJ at 53-55; Ungvari 3/19/98 GJ
at 44; Tripp 7/29/98 GJ at 105.
161. Ms. Lewinsky testified that Leaves of Grass was "the
most sentimental gift he had given me." Lewinsky 8/6/98 GJ at
156. Ms. Lewinsky made near-contemporaneous statements to her
mother, her aunt, and her friends Ms. Davis, Ms. Erbland, and
Ms. Raines that the President had given her Leaves of Grass.
Davis 3/17/98 GJ at 30-31; Erbland 2/12/98 GJ at 40-41; Finerman
3/18/98 Depo. at 15-16; Marcia Lewis 2/10/98 GJ at 51-52; Marcia
Lewis 2/11/98 GJ at 10 ("[S]he liked the book of poetry very
much."); Raines 1/29/98 GJ 53-55.
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.
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.
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.
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.
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.
196. Lewinsky 8/6/98 GJ at 123-24; Lewinsky 2/1/98 Statement
at 4 ("When asked what to do if she was subpoenaed, the Pres.
suggested she could sign an affidavit to try to satisfy their
inquiry and not be deposed.").
197. Lewinsky 8/6/98 GJ at 123 (emphasis added); Lewinsky
2/1/98 Statement at 4 ("In general, Ms. L. should say she visited
the WH to see Ms. Currie and, on occasion when working at the WH,
she brought him letters when no one else was around.").
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.
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.
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.
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.
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.
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
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.
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").
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.
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.
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.
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.
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
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."
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.
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").
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").
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).
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.
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.
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.").
393. Currie 5/7/98 GJ at 80-81; GJ Exhibit BC 3-10, 1248-DC-00000307 (Presidential Call Log, Jan. 17, 1998). The White House
call log indicates that the President called Ms. Currie at 7:02
p.m., they talked at 7:13 p.m., and the call ended at 7:14 p.m.
The President returned to the White House from the
deposition at 4:26 p.m. 1248-DC-00000288 (Kearney's logs).
394. Currie 1/27/98 GJ at 65-66. The President confirmed
that he called Betty Currie shortly after his deposition, and
that he asked her to come in on Sunday, her day off. Clinton
8/17/98 GJ at 148-49.
The next day at 1:11 p.m., the President again called
Ms. Currie at home. Currie 5/7/98 GJ at 85. GJ Exhibit BC 3-11,
1248-DC-00000311 (Presidential Call Log, Jan. 18, 1998).
Ms. Currie could not recall the content of the second call,
stating: "He may have called me on Sunday at 1:00 after church to
see what time I can actually come in. I don't know. That's the
best I can recollect." Id. at 89.
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.").
413. 831-DC-00000009 (Lewinsky pager records). As the
records reflect, Betty Currie used the name Kay or Kate when
paging Monica Lewinsky. Lewinsky 8/6/98 GJ at 215-17; Currie
7/22/98 GJ at 148-49.
414. V006-DC-00002069; V006-DC-00002070 (White House
telephone records). Ms. Currie testified that she probably
called the President to tell him that she had not yet spoken to
Ms. Lewinsky. Ms. Currie does not remember the substance of the
conversations with the President for either of the calls that he
made to her. Currie 5/7/98 GJ at 106-07. The phone calls from
the President were approximately one and two minutes in length.
That Monday, January 19, was a holiday, and Ms. Currie was not at
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.").
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. §
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).
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.
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").
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").
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.
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.
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
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