Dossier Clinton

Actueel

Transcriptie van Clintons verhoor voor de Grand Jury (17 aug. 1998). Ook als zip-bestand te downloaden.

Starr Report

Clintons reactie op het Starr Report

Clintons tweede reactie op het Starr Report

Monica Lewinsky

Linda Tripp

Paula Jones

A. Introduction

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

B. Evidence Establishing Nature of Relationship

1. Physical Evidence

Physical evidence conclusively establishes that the President and Ms. Lewinsky had a sexual relationship. After reaching an immunity and cooperation agreement with the Office of the Independent Counsel on July 28, 1998, Ms. Lewinsky turned over a navy blue dress that she said she had worn during a sexual encounter with the President on February 28, 1997. According to Ms. Lewinsky, she noticed stains on the garment the next time she took it from her closet. From their location, she surmised that the stains were the President's semen.⁽¹⁾

Initial tests revealed that the stains are in fact semen.⁽²⁾ Based on that result, the OIC asked the President for a blood sample.⁽³⁾ After requesting and being given assurances that the OIC had an evidentiary basis for making the request, the President agreed.⁽⁴⁾ In the White House Map Room on August 3, 1998, the White House Physician drew a vial of blood from the President in the presence of an FBI agent and an OIC attorney.⁽⁵⁾ By conducting the two standard DNA comparison tests, the FBI Laboratory concluded that the President was the source of the DNA obtained from the dress.⁽⁶⁾ According to the more sensitive RFLP test, the genetic markers on the semen, which match the President's DNA, are characteristic of one out of 7.87 trillion Caucasians.⁽⁷⁾

In addition to the dress, Ms. Lewinsky provided what she said were answering machine tapes containing brief messages from the President, as well as several gifts that the President had given her.

2. Ms. Lewinsky's Statements

Ms. Lewinsky was extensively debriefed about her relationship with the President. For the initial evaluation of her credibility, she submitted to a detailed "proffer" interview on July 27, 1998.⁽⁸⁾ After entering into a cooperation agreement, she was questioned over the course of approximately 15 days. She also provided testimony under oath on three occasions: twice before the grand jury, and, because of the personal and sensitive nature of particular topics, once in a deposition. In addition, Ms. Lewinsky worked with prosecutors and investigators to create an 11-page chart that chronologically lists her contacts with President Clinton, including meetings, phone calls, gifts, and messages.⁽⁹⁾ Ms. Lewinsky twice verified the accuracy of the chart under oath.⁽¹⁰⁾

In the evaluation of experienced prosecutors and investigators, Ms. Lewinsky has provided truthful information. She has not falsely inculpated the President. Harming him, she has testified, is "the last thing in the world I want to do."⁽¹¹⁾

Moreover, the OIC's immunity and cooperation agreement with Ms. Lewinsky includes safeguards crafted to ensure that she tells the truth. Court-ordered immunity and written immunity agreements often provide that the witness can be prosecuted only for false statements made during the period of cooperation, and not for the underlying offense. The OIC's agreement goes further, providing that Ms. Lewinsky will lose her immunity altogether if the government can prove to a federal district judge -- by a preponderance of the evidence, not the higher standard of beyond a reasonable doubt -- that she lied. Moreover, the agreement provides that, in the course of such a prosecution, the United States could introduce into evidence the statements made by Ms. Lewinsky during her cooperation. Since Ms. Lewinsky acknowledged in her proffer interview and in debriefings that she violated the law, she has a strong incentive to tell the truth: If she did not, it would be relatively straightforward to void the immunity agreement and prosecute her, using her own admissions against her.

3. Ms. Lewinsky's Confidants

Between 1995 and 1998, Ms. Lewinsky confided in 11 people about her relationship with the President. All have been questioned by the OIC, most before a federal grand jury: Andrew Bleiler, Catherine Allday Davis, Neysa Erbland, Kathleen Estep, Deborah Finerman, Dr. Irene Kassorla, Marcia Lewis, Ashley Raines, Linda Tripp, Natalie Ungvari, and Dale Young.⁽¹²⁾ Ms. Lewinsky told most of these confidants about events in her relationship with the President as they occurred, sometimes in considerable detail.

Some of Ms. Lewinsky's statements about the relationship were contemporaneously memorialized. These include deleted email recovered from her home computer and her Pentagon computer, email messages retained by two of the recipients, tape recordings of some of Ms. Lewinsky's conversations with Ms. Tripp, and notes taken by Ms. Tripp during some of their conversations. The Tripp notes, which have been extensively corroborated, refer specifically to places, dates, and times of physical contacts between the President and Ms. Lewinsky.⁽¹³⁾

Everyone in whom Ms. Lewinsky confided in detail believed she was telling the truth about her relationship with the President. Ms. Lewinsky told her psychologist, Dr. Irene Kassorla, about the affair shortly after it began. Thereafter, she related details of sexual encounters soon after they occurred (sometimes calling from her White House office).⁽¹⁴⁾ Ms. Lewinsky showed no indications of delusional thinking, according to Dr. Kassorla, and Dr. Kassorla had no doubts whatsoever about the truth of what Ms. Lewinsky told her.⁽¹⁵⁾ Ms. Lewinsky's friend Catherine Allday Davis testified that she believed Ms. Lewinsky's accounts of the sexual relationship with the President because "I trusted in the way she had confided in me on other things in her life. . . . I just trusted the relationship, so I trusted her."⁽¹⁶⁾ Dale Young, a friend in whom Ms. Lewinsky confided starting in mid-1996, testified:

[I]f she was going to lie to me, she would have said to me, "Oh, he calls me all the time. He does wonderful things. He can't wait to see me." . . . [S]he would have embellished the story. You know, she wouldn't be telling me, "He told me he'd call me, I waited home all weekend and I didn't do anything and he didn't call and then he didn't call for two weeks."⁽¹⁷⁾

4. Documents

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

5. Consistency and Corroboration

The details of Ms. Lewinsky's many statements have been checked, cross-checked, and corroborated. When negotiations with Ms. Lewinsky in January and February 1998 did not culminate in an agreement, the OIC proceeded with a comprehensive investigation, which generated a great deal of probative evidence.

In July and August 1998, circumstances brought more direct and compelling evidence to the investigation. After the courts rejected a novel privilege claim, Secret Service officers and agents testified about their observations of the President and Ms. Lewinsky in the White House. Ms. Lewinsky agreed to submit to a proffer interview (previous negotiations had deadlocked over her refusal to do so), and, after assessing her credibility in that session, the OIC entered into a cooperation agreement with her. Pursuant to the cooperation agreement, Ms. Lewinsky turned over the dress that proved to bear traces of the President's semen. And the President, who had spurned six invitations to testify, finally agreed to provide his account to the grand jury. In that sworn testimony, he acknowledged "inappropriate intimate contact" with Ms. Lewinsky.

Because of the fashion in which the investigation had unfolded, in sum, a massive quantity of evidence was available to test and verify Ms. Lewinsky's statements during her proffer interview and her later cooperation. Consequently, Ms. Lewinsky's statements have been corroborated to a remarkable degree. Her detailed statements to the grand jury and the OIC in 1998 are consistent with statements to her confidants dating back to 1995, documents that she created, and physical evidence.⁽¹⁸⁾ Moreover, her accounts generally match the testimony of White House staff members; the testimony of Secret Service agents and officers; and White House records showing Ms. Lewinsky's entries and exits, the President's whereabouts, and the President's telephone calls.

C. Sexual Contacts

1. The President's Accounts

a. Jones Testimony

In the Jones deposition on January 17, 1998, the President denied having had "a sexual affair," "sexual relations," or "a sexual relationship" with Ms. Lewinsky.⁽¹⁹⁾ He noted that "[t]here are no curtains on the Oval Office, there are no curtains on my private office, there are no curtains or blinds that can close [on] the windows in my private dining room," and added: "I have done everything I could to avoid the kind of questions you are asking me here today. . . ."⁽²⁰⁾

During the deposition, the President's attorney, Robert Bennett, sought to limit questioning about Ms. Lewinsky. Mr. Bennett told Judge Susan Webber Wright that Ms. Lewinsky had executed "an affidavit which [Ms. Jones's lawyers] are in possession of saying that there is absolutely no sex of any kind in any manner, shape or form, with President Clinton." In a subsequent colloquy with Judge Wright, Mr. Bennett declared that as a result of "preparation of [President Clinton] for this deposition, the witness is fully aware of Ms. Lewinsky's affidavit."⁽²¹⁾ The President did not dispute his legal representative's assertion that the President and Ms. Lewinsky had had "absolutely no sex of any kind in any manner, shape or form," nor did he dispute the implication that Ms. Lewinsky's affidavit, in denying "a sexual relationship," meant that there was "absolutely no sex of any kind in any manner, shape or form." In subsequent questioning by his attorney, President Clinton testified under oath that Ms. Lewinsky's affidavit was "absolutely true."⁽²²⁾

b. Grand Jury Testimony

Testifying before the grand jury on August 17, 1998, seven months after his Jones deposition, the President acknowledged "inappropriate intimate contact" with Ms. Lewinsky but maintained that his January deposition testimony was accurate.⁽²³⁾ In his account, "what began as a friendship [with Ms. Lewinsky] came to include this conduct."⁽²⁴⁾ He said he remembered "meeting her, or having my first real conversation with her during the government shutdown in November of '95." According to the President, the inappropriate contact occurred later (after Ms. Lewinsky's internship had ended), "in early 1996 and once in early 1997."⁽²⁵⁾

The President refused to answer questions about the precise nature of his intimate contacts with Ms. Lewinsky, but he did explain his earlier denials.⁽²⁶⁾ As to his denial in the Jones deposition that he and Ms. Lewinsky had had a "sexual relationship," the President maintained that there can be no sexual relationship without sexual intercourse, regardless of what other sexual activities may transpire. He stated that "most ordinary Americans" would embrace this distinction.⁽²⁷⁾

The President also maintained that none of his sexual contacts with Ms. Lewinsky constituted "sexual relations" within a specific definition used in the Jones deposition.⁽²⁸⁾ Under that definition:

[A] person engages in "sexual relations" when the person knowingly engages in or causes -- (1) contact with the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to arouse or gratify the sexual desire of any person . . . . "Contact" means intentional touching, either directly or through clothing.⁽²⁹⁾

According to what the President testified was his understanding, this definition "covers contact by the person being deposed with the enumerated areas, if the contact is done with an intent to arouse or gratify," but it does not cover oral sex performed on the person being deposed.⁽³⁰⁾ He testified:

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

In the President's view, "any person, reasonable person" would recognize that oral sex performed on the deponent falls outside the definition.⁽³²⁾

If Ms. Lewinsky performed oral sex on the President, then -- under this interpretation -- she engaged in sexual relations but he did not. The President refused to answer whether Ms. Lewinsky in fact had performed oral sex on him.⁽³³⁾ He did testify that direct contact with Ms. Lewinsky's breasts or genitalia would fall within the definition, and he denied having had any such contact.⁽³⁴⁾

2. Ms. Lewinsky's Account

In his grand jury testimony, the President relied heavily on a particular interpretation of "sexual relations" as defined in the Jones deposition. Beyond insisting that his conduct did not fall within the Jones definition, he refused to answer questions about the nature of his physical contact with Ms. Lewinsky, thus placing the grand jury in the position of having to accept his conclusion without being able to explore the underlying facts. This strategy -- evidently an effort to account for possible traces of the President's semen on Ms. Lewinsky's clothing without undermining his position that he did not lie in the Jones deposition -- mandates that this Referral set forth evidence of an explicit nature that otherwise would be omitted.

In light of the President's testimony, Ms. Lewinsky's accounts of their sexual encounters are indispensable for two reasons. First, the detail and consistency of these accounts tend to bolster Ms. Lewinsky's credibility. Second, and particularly important, Ms. Lewinsky contradicts the President on a key issue. According to Ms. Lewinsky, the President touched her breasts and genitalia -- which means that his conduct met the Jones definition of sexual relations even under his theory. On these matters, the evidence of the President's perjury cannot be presented without specific, explicit, and possibly offensive descriptions of sexual encounters.

According to Ms. Lewinsky, she and the President had ten sexual encounters, eight while she worked at the White House and two thereafter.⁽³⁵⁾ The sexual encounters generally occurred in or near the private study off the Oval Office -- most often in the windowless hallway outside the study.⁽³⁶⁾ During many of their sexual encounters, the President stood leaning against the doorway of the bathroom across from the study, which, he told Ms. Lewinsky, eased his sore back.⁽³⁷⁾

Ms. Lewinsky testified that her physical relationship with the President included oral sex but not sexual intercourse.⁽³⁸⁾ According to Ms. Lewinsky, she performed oral sex on the President; he never performed oral sex on her.⁽³⁹⁾ Initially, according to Ms. Lewinsky, the President would not let her perform oral sex to completion. In Ms. Lewinsky's understanding, his refusal was related to "trust and not knowing me well enough."⁽⁴⁰⁾ During their last two sexual encounters, both in 1997, he did ejaculate.⁽⁴¹⁾

According to Ms. Lewinsky, she performed oral sex on the President on nine occasions. On all nine of those occasions, the President fondled and kissed her bare breasts. He touched her genitals, both through her underwear and directly, bringing her to orgasm on two occasions. On one occasion, the President inserted a cigar into her vagina. On another occasion, she and the President had brief genital-to-genital contact.⁽⁴²⁾

Whereas the President testified that "what began as a friendship came to include [intimate contact]," Ms. Lewinsky explained that the relationship moved in the opposite direction: "[T]he emotional and friendship aspects . . . developed after the beginning of our sexual relationship."⁽⁴³⁾

D. Emotional Attachment

As the relationship developed over time, Ms. Lewinsky grew emotionally attached to President Clinton. She testified: "I never expected to fall in love with the President. I was surprised that I did."⁽⁴⁴⁾ Ms. Lewinsky told him of her feelings.⁽⁴⁵⁾ At times, she believed that he loved her too.⁽⁴⁶⁾ They were physically affectionate: "A lot of hugging, holding hands sometimes. He always used to push the hair out of my face."⁽⁴⁷⁾ She called him "Handsome"; on occasion, he called her "Sweetie," "Baby," or sometimes "Dear."⁽⁴⁸⁾ He told her that he enjoyed talking to her -- she recalled his saying that the two of them were "emotive and full of fire," and she made him feel young.⁽⁵⁰⁾ He said he wished he could spend more time with her.⁽⁵¹⁾

Ms. Lewinsky told confidants of the emotional underpinnings of the relationship as it evolved. According to her mother, Marcia Lewis, the President once told Ms. Lewinsky that she "had been hurt a lot or something by different men and that he would be her friend or he would help her, not hurt her."⁽⁵²⁾ According to Ms. Lewinsky's friend Neysa Erbland, President Clinton once confided in Ms. Lewinsky that he was uncertain whether he would remain married after he left the White House. He said in essence, "[W]ho knows what will happen four years from now when I am out of office?" Ms. Lewinsky thought, according to Ms. Erbland, that "maybe she will be his wife."⁽⁵³⁾

E. Conversations and Phone Messages

Ms. Lewinsky testified that she and the President "enjoyed talking to each other and being with each other." In her recollection, "We would tell jokes. We would talk about our childhoods. Talk about current events. I was always giving him my stupid ideas about what I thought should be done in the administration or different views on things."⁽⁵⁴⁾ One of Ms. Lewinsky's friends testified that, in her understanding, "[The President] would talk about his childhood and growing up, and [Ms. Lewinsky] would relay stories about her childhood and growing up. I guess normal conversations that you would have with someone that you're getting to know."⁽⁵⁵⁾

The longer conversations often occurred after their sexual contact. Ms. Lewinsky testified: "[W]hen I was working there [at the White House] . . . we'd start in the back [in or near the private study] and we'd talk and that was where we were physically intimate, and we'd usually end up, kind of the pillow talk of it, I guess, . . . sitting in the Oval Office . . . ."⁽⁵⁶⁾ During several meetings when they were not sexually intimate, they talked in the Oval Office or in the area of the study.⁽⁵⁷⁾

Along with face-to-face meetings, according to Ms. Lewinsky, she spoke on the telephone with the President approximately 50 times, often after 10 p.m. and sometimes well after midnight.⁽⁵⁸⁾ The President placed the calls himself or, during working hours, had his secretary, Betty Currie, do so; Ms. Lewinsky could not telephone him directly, though she sometimes reached him through Ms. Currie.⁽⁵⁹⁾ Ms. Lewinsky testified: "[W]e spent hours on the phone talking."⁽⁶⁰⁾ Their telephone conversations were "[s]imilar to what we discussed in person, just how we were doing. A lot of discussions about my job, when I was trying to come back to the White House and then once I decided to move to New York. . . . We talked about everything under the sun."⁽⁶¹⁾ On 10 to 15 occasions, she and the President had phone sex.⁽⁶²⁾ After phone sex late one night, the President fell asleep mid-conversation.⁽⁶³⁾

On four occasions, the President left very brief messages on Ms. Lewinsky's answering machine, though he told her that he did not like doing so because (in her recollection) he "felt it was a little unsafe."⁽⁶⁴⁾ She saved his messages and played the tapes for several confidants, who said they believed that the voice was the President's.⁽⁶⁵⁾

By phone and in person, according to Ms. Lewinsky, she and the President sometimes had arguments. On a number of occasions in 1997, she complained that he had not brought her back from the Pentagon to work in the White House, as he had promised to do after the election.⁽⁶⁶⁾ In a face-to-face meeting on July 4, 1997, the President reprimanded her for a letter she had sent him that obliquely threatened to disclose their relationship.⁽⁶⁷⁾ During an argument on December 6, 1997, according to Ms. Lewinsky, the President said that "he had never been treated as poorly by anyone else as I treated him," and added that "he spent more time with me than anyone else in the world, aside from his family, friends and staff, which I don't know exactly which category that put me in."⁽⁶⁸⁾

Testifying before the grand jury, the President confirmed that he and Ms. Lewinsky had had personal conversations, and he acknowledged that their telephone conversations sometimes included "inappropriate sexual banter."⁽⁶⁹⁾ The President said that Ms. Lewinsky told him about "her personal life," "her upbringing," and "her job ambitions."⁽⁷⁰⁾ After terminating their intimate relationship in 1997, he said, he tried "to be a friend to Ms. Lewinsky, to be a counselor to her, to give her good advice, and to help her."⁽⁷¹⁾

F. Gifts

Ms. Lewinsky and the President exchanged numerous gifts. By her estimate, she gave him about 30 items, and he gave her about 18.⁽⁷²⁾ Ms. Lewinsky's first gift to him was a matted poem given by her and other White House interns to commemorate "National Boss Day," October 24, 1995.⁽⁷³⁾ This was the only item reflected in White House records that Ms. Lewinsky gave the President before (in her account) the sexual relationship began, and the only item that he sent to the archives instead of keeping.⁽⁷⁴⁾ On November 20 -- five days after the intimate relationship began, according to Ms. Lewinsky -- she gave him a necktie, which he chose to keep rather than send to the archives.⁽⁷⁵⁾ According to Ms. Lewinsky, the President telephoned the night she gave him the tie, then sent her a photo of himself wearing it.⁽⁷⁶⁾ The tie was logged pursuant to White House procedures for gifts to the President.⁽⁷⁷⁾

In a draft note to the President in December 1997, Ms. Lewinsky wrote that she was "very particular about presents and could never give them to anyone else -- they were all bought with you in mind."⁽⁷⁸⁾ Many of the 30 or so gifts that she gave the President reflected his interests in history, antiques, cigars, and frogs. Ms. Lewinsky gave him, among other things, six neckties, an antique paperweight showing the White House, a silver tabletop holder for cigars or cigarettes, a pair of sunglasses, a casual shirt, a mug emblazoned "Santa Monica," a frog figurine, a letter opener depicting a frog, several novels, a humorous book of quotations, and several antique books.⁽⁷⁹⁾ He gave her, among other things, a hat pin, two brooches, a blanket, a marble bear figurine, and a special edition of Walt Whitman's Leaves of Grass.⁽⁸⁰⁾

Ms. Lewinsky construed it as a sign of affection when the President wore a necktie or other item of clothing she had given him. She testified: "I used to say to him that 'I like it when you wear my ties because then I know I'm close to your heart.' So -- literally and figuratively."⁽⁸¹⁾ The President was aware of her reaction, according to Ms. Lewinsky, and he would sometimes wear one of the items to reassure her -- occasionally on the day they were scheduled to meet or the day after they had met in person or talked by telephone.⁽⁸²⁾ The President would sometimes say to her, "Did you see I wore your tie the other day?"⁽⁸³⁾

In his grand jury testimony, the President acknowledged that he had exchanged a number of gifts with Ms. Lewinsky. After their intimate relationship ended in 1997, he testified, "[S]he continued to give me gifts. And I felt that it was a right thing to do to give her gifts back."⁽⁸⁴⁾

G. Messages

According to Ms. Lewinsky, she sent the President a number of cards and letters. In some, she expressed anger that he was "not paying enough attention to me"; in others, she said she missed him; in still others, she just sent "a funny card that I saw."⁽⁸⁵⁾ In early January 1998, she sent him, along with an antique book about American presidents, "[a]n embarrassing mushy note."⁽⁸⁶⁾ She testified that the President never sent her any cards or notes other than formal thank-you letters.⁽⁸⁷⁾

Testifying before the grand jury, the President acknowledged having received cards and notes from Ms. Lewinsky that were "somewhat intimate" and "quite affectionate," even after the intimate relationship ended.⁽⁸⁸⁾

H. Secrecy

1. Mutual Understanding

Both Ms. Lewinsky and the President testified that they took steps to maintain the secrecy of the relationship. According to Ms. Lewinsky, the President from the outset stressed the importance of keeping the relationship secret. In her handwritten statement to this Office, Ms. Lewinsky wrote that "the President told Ms. L to deny a relationship, if ever asked about it. He also said something to the effect of if the two people who are involved say it didn't happen -- it didn't happen."⁽⁸⁹⁾ According to Ms. Lewinsky, the President sometimes asked if she had told anyone about their sexual relationship or about the gifts they had exchanged; she (falsely) assured him that she had not.⁽⁹⁰⁾ She told him that "I would always deny it, I would always protect him," and he responded approvingly.⁽⁹¹⁾ The two of them had, in her words, "a mutual understanding" that they would "keep this private, so that meant deny it and . . . take whatever appropriate steps needed to be taken."⁽⁹²⁾ When she and the President both were subpoenaed to testify in the Jones case, Ms. Lewinsky anticipated that "as we had on every other occasion and every other instance of this relationship, we would deny it."⁽⁹³⁾

In his grand jury testimony, the President confirmed his efforts to keep their liaisons secret.⁽⁹⁴⁾ He said he did not want the facts of their relationship to be disclosed "in any context," and added: "I certainly didn't want this to come out, if I could help it. And I was concerned about that. I was embarrassed about it. I knew it was wrong."⁽⁹⁵⁾ Asked if he wanted to avoid having the facts come out through Ms. Lewinsky's testimony in Jones, he said: "Well, I did not want her to have to testify and go through that. And, of course, I didn't want her to do that, of course not."⁽⁹⁶⁾

2. Cover Stories

For her visits to see the President, according to Ms. Lewinsky, "[T]here was always some sort of a cover."⁽⁹⁷⁾ When visiting the President while she worked at the White House, she generally planned to tell anyone who asked (including Secret Service officers and agents) that she was delivering papers to the President.⁽⁹⁸⁾ Ms. Lewinsky explained that this artifice may have originated when "I got there kind of saying, 'Oh, gee, here are your letters,' wink, wink, wink, and him saying, 'Okay, that's good.'"⁽⁹⁹⁾ To back up her stories, she generally carried a folder on these visits.⁽¹⁰⁰⁾ (In truth, according to Ms. Lewinsky, her job never required her to deliver papers to the President.⁽¹⁰¹⁾) On a few occasions during her White House employment, Ms. Lewinsky and the President arranged to bump into each other in the hallway; he then would invite her to accompany him to the Oval Office.⁽¹⁰²⁾ Later, after she left the White House and started working at the Pentagon, Ms. Lewinsky relied on Ms. Currie to arrange times when she could see the President. The cover story for those visits was that Ms. Lewinsky was coming to see Ms. Currie, not the President.⁽¹⁰³⁾

While the President did not expressly instruct her to lie, according to Ms. Lewinsky, he did suggest misleading cover stories.⁽¹⁰⁴⁾ And, when she assured him that she planned to lie about the relationship, he responded approvingly. On the frequent occasions when Ms. Lewinsky promised that she would "always deny" the relationship and "always protect him," for example, the President responded, in her recollection, "'That's good,' or -- something affirmative. . . . [N]ot -- 'Don't deny it.'"⁽¹⁰⁵⁾

Once she was named as a possible witness in the Jones case, according to Ms. Lewinsky, the President reminded her of the cover stories. After telling her that she was a potential witness, the President suggested that, if she were subpoenaed, she could file an affidavit to avoid being deposed. He also told her she could say that, when working at the White House, she had sometimes delivered letters to him, and, after leaving her White House job, she had sometimes returned to visit Ms. Currie.⁽¹⁰⁶⁾ (The President's own testimony in the Jones case mirrors the recommendations he made to Ms. Lewinsky for her testimony. In his deposition, the President testified that he saw Ms. Lewinsky "on two or three occasions" during the November 1995 government furlough, "one or two other times when she brought some documents to me," and "sometime before Christmas" when Ms. Lewinsky "came by to see Betty."⁽¹⁰⁷⁾)

In his grand jury testimony, the President acknowledged that he and Ms. Lewinsky "might have talked about what to do in a nonlegal context" to hide their relationship, and that he "might well have said" that Ms. Lewinsky should tell people that she was bringing letters to him or coming to visit Ms. Currie.⁽¹⁰⁸⁾ But he also stated that "I never asked Ms. Lewinsky to lie."⁽¹⁰⁹⁾

3. Steps to Avoid Being Seen or Heard

After their first two sexual encounters during the November 1995 government shutdown, according to Ms. Lewinsky, her encounters with the President generally occurred on weekends, when fewer people were in the West Wing.⁽¹¹⁰⁾ Ms. Lewinsky testified:

He had told me . . . that he was usually around on the weekends and that it was okay to come see him on the weekends. So he would call and we would arrange either to bump into each other in the hall or that I would bring papers to the office.⁽¹¹¹⁾

From some of the President's comments, Ms. Lewinsky gathered that she should try to avoid being seen by several White House employees, including Nancy Hernreich, Deputy Assistant to the President and Director of Oval Office Operations, and Stephen Goodin, the President's personal aide.⁽¹¹²⁾

Out of concern about being seen, the sexual encounters most often occurred in the windowless hallway outside the study.⁽¹¹³⁾ According to Ms. Lewinsky, the President was concerned that the two of them might be spotted through a White House window. When they were in the study together in the evenings, he sometimes turned out the light.⁽¹¹⁴⁾ Once, when she spotted a gardener outside the study window, they left the room.⁽¹¹⁵⁾ Ms. Lewinsky testified that, on December 28, 1997, "when I was getting my Christmas kiss" in the doorway to the study, the President was "looking out the window with his eyes wide open while he was kissing me and then I got mad because it wasn't very romantic." He responded, "Well, I was just looking to see to make sure no one was out there."⁽¹¹⁶⁾

Fear of discovery constrained their sexual encounters in several respects, according to Ms. Lewinsky. The President ordinarily kept the door between the private hallway and the Oval Office several inches ajar during their encounters, both so that he could hear if anyone approached and so that anyone who did approach would be less likely to suspect impropriety.⁽¹¹⁷⁾ During their sexual encounters, Ms. Lewinsky testified, "[W]e were both aware of the volume and sometimes . . . I bit my hand -- so that I wouldn't make any noise."⁽¹¹⁸⁾ On one occasion, according to Ms. Lewinsky, the President put his hand over her mouth during a sexual encounter to keep her quiet.⁽¹¹⁹⁾ Concerned that they might be interrupted abruptly, according to Ms. Lewinsky, the two of them never fully undressed.⁽¹²⁰⁾

While noting that "the door to the hallway was always somewhat open," the President testified that he did try to keep the intimate relationship secret: "I did what people do when they do the wrong thing. I tried to do it where nobody else was looking at it."⁽¹²¹⁾

4. Ms. Lewinsky's Notes and Letters

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

There were . . . some occasions when I sent him cards or notes that I wrote things that he deemed too personal to put on paper just in case something ever happened, if it got lost getting there or someone else opened it. So there were several times when he remarked to me, you know, you shouldn't put that on paper.⁽¹²²⁾

She said that the President made this point to her in their last conversation, on January 5, 1998, in reference to what she characterized as "[a]n embarrassing mushy note" she had sent him.⁽¹²³⁾ In addition, according to Ms. Lewinsky, the President expressed concerns about official records that could establish aspects of their relationship. She said that on two occasions she asked the President if she could go upstairs to the Residence with him. No, he said, because a record is kept of everyone who accompanies him there.⁽¹²⁴⁾

The President testified before the grand jury: "I remember telling her she should be careful what she wrote, because a lot of it was clearly inappropriate and would be embarrassing if somebody else read it."⁽¹²⁵⁾

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

In two conversations recorded after she was subpoenaed in the Jones case, Ms. Lewinsky expressed confidence that her relationship with the President would never be discovered.⁽¹²⁶⁾ She believed that no records showed her and the President alone in the area of the study.⁽¹²⁷⁾ Regardless of the evidence, in any event, she would continue denying the relationship. "If someone looked in the study window, it's not me," she said.⁽¹²⁸⁾ If someone produced tapes of her telephone calls with the President, she would say they were fakes.⁽¹²⁹⁾

In another recorded conversation, Ms. Lewinsky said she was especially comforted by the fact that the President, like her, would be swearing under oath that "nothing happened."⁽¹³⁰⁾ She said:

[T]o tell you the truth, I'm not concerned all that much anymore because I know I'm not going to get in trouble. I will not get in trouble because you know what? The story I've signed under -- under oath is what someone else is saying under oath.⁽¹³¹⁾

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

A. Overview of Monica Lewinsky's White House Employment

Monica Lewinsky worked at the White House, first as an intern and then as an employee, from July 1995 to April 1996. With the assistance of family friend Walter Kaye, a prominent contributor to political causes, she obtained an internship starting in early July, when she was 21 years old.⁽¹³²⁾ She was assigned to work on correspondence in the office of Chief of Staff Leon Panetta in the Old Executive Office Building.⁽¹³³⁾

As her internship was winding down, Ms. Lewinsky applied for a paying job on the White House staff. She interviewed with Timothy Keating, Special Assistant to the President and Staff Director for Legislative Affairs.⁽¹³⁴⁾ Ms. Lewinsky accepted a position dealing with correspondence in the Office of Legislative Affairs on November 13, 1995, but did not start the job (and, thus, continued her internship) until November 26.⁽¹³⁵⁾ She remained a White House employee until April 1996, when -- in her view, because of her intimate relationship with the President -- she was dismissed from the White House and transferred to the Pentagon.⁽¹³⁶⁾

B. First Meetings with the President

The month after her White House internship began, Ms. Lewinsky and the President began what she characterized as "intense flirting."⁽¹³⁷⁾ At departure ceremonies and other events, she made eye contact with him, shook hands, and introduced herself.⁽¹³⁸⁾ When she ran into the President in the West Wing basement and introduced herself again, according to Ms. Lewinsky, he responded that he already knew who she was.⁽¹³⁹⁾ Ms. Lewinsky told her aunt that the President "seemed attracted to her or interested in her or something," and told a visiting friend that "she was attracted to [President Clinton], she had a big crush on him, and I think she told me she at some point had gotten his attention, that there was some mutual eye contact and recognition, mutual acknowledgment."⁽¹⁴⁰⁾

In the autumn of 1995, an impasse over the budget forced the federal government to shut down for one week, from Tuesday, November 14, to Monday, November 20.⁽¹⁴¹⁾ Only essential federal employees were permitted to work during the furlough, and the White House staff of 430 shrank to about 90 people for the week. White House interns could continue working because of their unpaid status, and they took on a wide range of additional duties.⁽¹⁴²⁾

During the shutdown, Ms. Lewinsky worked in Chief of Staff Panetta's West Wing office, where she answered phones and ran errands.⁽¹⁴³⁾ The President came to Mr. Panetta's office frequently because of the shutdown, and he sometimes talked with Ms. Lewinsky.⁽¹⁴⁴⁾ She characterized these encounters as "continued flirtation."⁽¹⁴⁵⁾ According to Ms. Lewinsky, a Senior Adviser to the Chief of Staff, Barry Toiv, remarked to her that she was getting a great deal of "face time" with the President.⁽¹⁴⁶⁾

C. November 15 Sexual Encounter

Ms. Lewinsky testified that Wednesday, November 15, 1995 -- the second day of the government shutdown -- marked the beginning of her sexual relationship with the President.⁽¹⁴⁷⁾ On that date, she entered the White House at 1:30 p.m., left sometime thereafter (White House records do not show the time), reentered at 5:07 p.m., and departed at 12:18 a.m. on November 16.⁽¹⁴⁸⁾ The President was in the Oval Office or the Chief of Staff's office (where Ms. Lewinsky worked during the furlough) for almost the identical period that Ms. Lewinsky was in the White House that evening, from 5:01 p.m. on November 15 to 12:35 a.m. on November 16.⁽¹⁴⁹⁾

According to Ms. Lewinsky, she and the President made eye contact when he came to the West Wing to see Mr. Panetta and Deputy Chief of Staff Harold Ickes, then again later at an informal birthday party for Jennifer Palmieri, Special Assistant to the Chief of Staff.⁽¹⁵⁰⁾ At one point, Ms. Lewinsky and the President talked alone in the Chief of Staff's office. In the course of flirting with him, she raised her jacket in the back and showed him the straps of her thong underwear, which extended above her pants.⁽¹⁵¹⁾

En route to the restroom at about 8 p.m., she passed George Stephanopoulos's office. The President was inside alone, and he beckoned her to enter.⁽¹⁵²⁾ She told him that she had a crush on him. He laughed, then asked if she would like to see his private office.⁽¹⁵³⁾ Through a connecting door in Mr. Stephanopoulos's office, they went through the President's private dining room toward the study off the Oval Office. Ms. Lewinsky testified: "We talked briefly and sort of acknowledged that there had been a chemistry that was there before and that we were both attracted to each other and then he asked me if he could kiss me." Ms. Lewinsky said yes. In the windowless hallway adjacent to the study, they kissed.⁽¹⁵⁴⁾ Before returning to her desk, Ms. Lewinsky wrote down her name and telephone number for the President.⁽¹⁵⁵⁾

At about 10 p.m., in Ms. Lewinsky's recollection, she was alone in the Chief of Staff's office and the President approached.⁽¹⁵⁶⁾ He invited her to rendezvous again in Mr. Stephanopoulos's office in a few minutes, and she agreed.⁽¹⁵⁷⁾ (Asked if she knew why the President wanted to meet with her, Ms. Lewinsky testified: "I had an idea."⁽¹⁵⁸⁾) They met in Mr. Stephanopoulos's office and went again to the area of the private study.⁽¹⁵⁹⁾ This time the lights in the study were off.⁽¹⁶⁰⁾

According to Ms. Lewinsky, she and the President kissed. She unbuttoned her jacket; either she unhooked her bra or he lifted her bra up; and he touched her breasts with his hands and mouth.⁽¹⁶¹⁾ Ms. Lewinsky testified: "I believe he took a phone call . . . and so we moved from the hallway into the back office . . . . [H]e put his hand down my pants and stimulated me manually in the genital area."⁽¹⁶²⁾ While the President continued talking on the phone (Ms. Lewinsky understood that the caller was a Member of Congress or a Senator), she performed oral sex on him.⁽¹⁶³⁾ He finished his call, and, a moment later, told Ms. Lewinsky to stop. In her recollection: "I told him that I wanted . . . to complete that. And he said . . . that he needed to wait until he trusted me more. And then I think he made a joke . . . that he hadn't had that in a long time."⁽¹⁶⁴⁾

Both before and after their sexual contact during that encounter, Ms. Lewinsky and the President talked.⁽¹⁶⁵⁾ At one point during the conversation, the President tugged on the pink intern pass hanging from her neck and said that it might be a problem. Ms. Lewinsky thought that he was talking about access -- interns were not supposed to be in the West Wing without an escort -- and, in addition, that he might have discerned some "impropriety" in a sexual relationship with a White House intern.⁽¹⁶⁶⁾

White House records corroborate details of Ms. Lewinsky's account. She testified that her November 15 encounters with the President occurred at about 8 p.m. and 10 p.m., and that in each case the two of them went from the Chief of Staff's office to the Oval Office area.⁽¹⁶⁷⁾ Records show that the President visited the Chief of Staff's office for one minute at 8:12 p.m. and for two minutes at 9:23 p.m., in each case returning to the Oval Office.⁽¹⁶⁸⁾ She recalled that the President took a telephone call during their sexual encounter, and she believed that the caller was a Member of Congress or a Senator.⁽¹⁶⁹⁾ White House records show that after returning to the Oval Office from the Chief of Staff's office, the President talked to two Members of Congress: Rep. Jim Chapman from 9:25 p.m. to 9:30 p.m., and Rep. John Tanner from 9:31 p.m. to 9:35 p.m.⁽¹⁷⁰⁾

D. November 17 Sexual Encounter

According to Ms. Lewinsky, she and the President had a second sexual encounter two days later (still during the government furlough), on Friday, November 17. She was at the White House until 8:56 p.m., then returned from 9:38 to 10:39 p.m.⁽¹⁷¹⁾ At 9:45 p.m., a few minutes after Ms. Lewinsky's reentry, the President went from the Oval Office to the Chief of Staff's office (where Ms. Lewinsky worked during the furlough) for one minute, then returned to the Oval Office for 30 minutes. From there, he went back to the Chief of Staff's office until 10:34 p.m. (approximately when Ms. Lewinsky left the White House), then went by the Oval Office and the Ground Floor before retiring to the Residence at 10:40 p.m.⁽¹⁷²⁾

Ms. Lewinsky testified:

We were again working late because it was during the furlough and Jennifer Palmieri . . . had ordered pizza along with Ms. Currie and Ms. Hernreich. And when the pizza came, I went down to let them know that the pizza was there and it was at that point when I walked into Ms. Currie's office that the President was standing there with some other people discussing something.

And they all came back to the office and Mr. -- I think it was Mr. Toiv, somebody accidentally knocked pizza on my jacket, so I went to go use the restroom to wash it off and as I was coming out of the restroom, the President was standing in Ms. Currie's doorway and said, "You can come out this way."⁽¹⁷³⁾

Ms. Lewinsky and the President went into the area of the private study, according to Ms. Lewinsky. There, either in the hallway or the bathroom, she and the President kissed. After a few minutes, in Ms. Lewinsky's recollection, she told him that she needed to get back to her desk. The President suggested that she bring him some slices of pizza.⁽¹⁷⁴⁾

A few minutes later, she returned to the Oval Office area with pizza and told Ms. Currie that the President had requested it. Ms. Lewinsky testified: "[Ms. Currie] opened the door and said, 'Sir, the girl's here with the pizza.' He told me to come in. Ms. Currie went back into her office and then we went into the back study area again."⁽¹⁷⁵⁾ Several witnesses confirm that when Ms. Lewinsky delivered pizza to the President that night, the two of them were briefly alone.⁽¹⁷⁶⁾

Ms. Lewinsky testified that she and the President had a sexual encounter during this visit.⁽¹⁷⁷⁾ They kissed, and the President touched Ms. Lewinsky's bare breasts with his hands and mouth.⁽¹⁷⁸⁾ At some point, Ms. Currie approached the door leading to the hallway, which was ajar, and said that the President had a telephone call.⁽¹⁷⁹⁾ Ms. Lewinsky recalled that the caller was a Member of Congress with a nickname.⁽¹⁸⁰⁾ While the President was on the telephone, according to Ms. Lewinsky, "he unzipped his pants and exposed himself," and she performed oral sex.⁽¹⁸¹⁾ Again, he stopped her before he ejaculated.⁽¹⁸²⁾

During this visit, according to Ms. Lewinsky, the President told her that he liked her smile and her energy. He also said: "I'm usually around on weekends, no one else is around, and you can come and see me."⁽¹⁸³⁾

Records corroborate Ms. Lewinsky's recollection that the President took a call from a Member of Congress with a nickname. While Ms. Lewinsky was at the White House that evening (9:38 to 10:39 p.m.), the President had one telephone conversation with a Member of Congress: From 9:53 to 10:14 p.m., he spoke with Rep. H.L. "Sonny" Callahan.⁽¹⁸⁴⁾

In his Jones deposition on January 17, 1998, President Clinton -- who said he was unable to recall most of his encounters with Ms. Lewinsky -- did remember her "back there with a pizza" during the government shutdown. He said, however, that he did not believe that the two of them were alone.⁽¹⁸⁵⁾ Testifying before the grand jury on August 17, 1998, the President said that his first "real conversation" with Ms. Lewinsky occurred during the November 1995 furlough. He testified: "One night she brought me some pizza. We had some remarks."⁽¹⁸⁶⁾

E. December 31 Sexual Encounter

According to Ms. Lewinsky, she and the President had their third sexual encounter on New Year's Eve. Ms. Lewinsky -- by then a member of the staff of the Office of Legislative Affairs

-- was at the White House on Sunday, December 31, 1995, until 1:16 p.m.; her time of arrival is not shown.⁽¹⁸⁷⁾ The President was in the Oval Office area from 12:11 p.m. until about the time that Ms. Lewinsky left, 1:15 p.m., when he went to the Residence.⁽¹⁸⁸⁾

Sometime between noon and 1 p.m., in Ms. Lewinsky's recollection, she was in the pantry area of the President's private dining room talking with a White House steward, Bayani Nelvis. She told Mr. Nelvis that she had recently smoked her first cigar, and he offered to give her one of the President's cigars. Just then, the President came down the hallway from the Oval Office and saw Ms. Lewinsky. The President dispatched Mr. Nelvis to deliver something to Mr. Panetta.⁽¹⁸⁹⁾

According to Ms. Lewinsky, she told the President that Mr. Nelvis had promised her a cigar, and the President gave her one.⁽¹⁹⁰⁾ She told him her name -- she had the impression that he had forgotten it in the six weeks since their furlough encounters because, when passing her in the hallway, he had called her "Kiddo."⁽¹⁹¹⁾ The President replied that he knew her name; in fact, he added, having lost the phone number she had given him, he had tried to find her in the phonebook.⁽¹⁹²⁾

According to Ms. Lewinsky, they moved to the study. "And then . . . we were kissing and he lifted my sweater and exposed my breasts and was fondling them with his hands and with his mouth."⁽¹⁹³⁾ She performed oral sex.⁽¹⁹⁴⁾ Once again, he stopped her before he ejaculated because, Ms. Lewinsky testified, "he didn't know me well enough or he didn't trust me yet."⁽¹⁹⁵⁾

According to Ms. Lewinsky, a Secret Service officer named Sandy was on duty in the West Wing that day.⁽¹⁹⁶⁾ Records show that Sandra Verna was on duty outside the Oval Office from 7 a.m. to 2 p.m.⁽¹⁹⁷⁾

F. President's Account of 1995 Relationship

As noted, the President testified before the grand jury that on November 17, 1995, Ms. Lewinsky delivered pizza and exchanged "some remarks" with him, but he never indicated that anything sexual occurred then or at any other point in 1995.⁽¹⁹⁸⁾ Testifying under oath before the grand jury, the President said that he engaged in "conduct that was wrong" involving "inappropriate intimate contact" with Ms. Lewinsky "on certain occasions in early 1996 and once in early 1997."⁽¹⁹⁹⁾ By implicitly denying any sexual contact in 1995, the President indicated that he and Ms. Lewinsky had no sexual involvement while she was an intern.⁽²⁰⁰⁾ In the President's testimony, his relationship with Ms. Lewinsky "began as a friendship," then later "came to include this conduct."⁽²⁰¹⁾

A. January 7 Sexual Encounter

According to Ms. Lewinsky, she and the President had another sexual encounter on Sunday, January 7, 1996. Although White House records do not indicate that Ms. Lewinsky was at the White House that day, her testimony and other evidence indicate that she was there.⁽²⁰²⁾ The President, according to White House records, was in the Oval Office most of the afternoon, from 2:13 to 5:49 p.m.⁽²⁰³⁾

According to Ms. Lewinsky, the President telephoned her early that afternoon. It was the first time he had called her at home.⁽²⁰⁴⁾ In her recollection: "I asked him what he was doing and he said he was going to be going into the office soon. I said, oh, do you want some company? And he said, oh, that would be great."⁽²⁰⁵⁾ Ms. Lewinsky went to her office, and the President called to arrange their rendezvous:

[W]e made an arrangement that . . . he would have the door to his office open, and I would pass by the office with some papers and then . . . he would sort of stop me and invite me in. So, that was exactly what happened. I passed by and that was actually when I saw [Secret Service Uniformed Officer] Lew Fox who was on duty outside the Oval Office, and stopped and spoke with Lew for a few minutes, and then the President came out and said, oh, hey, Monica . . . come on in . . . . And so we spoke for about 10 minutes in the [Oval] office. We sat on the sofas. Then we went into the back study and we were intimate in the bathroom.⁽²⁰⁶⁾

Ms. Lewinsky testified that during this bathroom encounter, she and the President kissed, and he touched her bare breasts with his hands and his mouth.⁽²⁰⁷⁾ The President "was talking about performing oral sex on me," according to Ms. Lewinsky.⁽²⁰⁸⁾ But she stopped him because she was menstruating and he did not.⁽²⁰⁹⁾ Ms. Lewinsky did perform oral sex on him.⁽²¹⁰⁾

Afterward, she and the President moved to the Oval Office and talked. According to Ms. Lewinsky: "[H]e was chewing on a cigar. And then he had the cigar in his hand and he was kind of looking at the cigar in . . . sort of a naughty way. And so . . . I looked at the cigar and I looked at him and I said, we can do that, too, some time."⁽²¹¹⁾

Corroborating aspects of Ms. Lewinsky's recollection, records show that Officer Fox was posted outside the Oval Office the afternoon of January 7.⁽²¹²⁾ Officer Fox (who is now retired) testified that he recalled an incident with Ms. Lewinsky one weekend afternoon when he was on duty by the Oval Office:⁽²¹³⁾

[T]he President of the United States came out, and he asked me, he says, "Have you seen any young congressional staff members here today?" I said, "No, sir." He said, "Well, I'm expecting one." He says, "Would you please let me know when they show up?" And I said, "Yes, sir."⁽²¹⁴⁾

Officer Fox construed the reference to "congressional staff members" to mean White House staff who worked with Congress -- i.e., staff of the Legislative Affairs Office, where Ms. Lewinsky worked.⁽²¹⁵⁾

Talking with a Secret Service agent posted in the hallway, Officer Fox speculated on whom the President was expecting: "I described Ms. Lewinsky, without mentioning the name, in detail, dark hair -- you know, I gave a general description of what she looked like."⁽²¹⁶⁾ Officer Fox had gotten to know Ms. Lewinsky during her tenure at the White House, and other agents had told him that she often spent time with the President.⁽²¹⁷⁾

A short time later, Ms. Lewinsky approached, greeted Officer Fox, and said, "I have some papers for the President." Officer Fox admitted her to the Oval Office. The President said: "You can close the door. She'll be here for a while."⁽²¹⁸⁾

B. January 21 Sexual Encounter

On Sunday, January 21, 1996, according to Ms. Lewinsky, she and the President had another sexual encounter. Her time of White House entry is not reflected in records. She left at 3:56 p.m.⁽²¹⁹⁾ The President moved from the Residence to the Oval Office at 3:33 p.m. and remained there until 7:40 p.m.⁽²²⁰⁾

On that day, according to Ms. Lewinsky, she saw the President in a hallway by an elevator, and he invited her to the Oval Office.⁽²²¹⁾ According to Ms. Lewinsky:

We had . . . had phone sex for the first time the week prior, and I was feeling a little bit insecure about whether he had liked it or didn't like it . . . . I didn't know if this was sort of developing into some kind of a longer-term relationship than what I thought it initially might have been, that maybe he had some regular girlfriend who was furloughed . . . .⁽²²²⁾

According to Ms. Lewinsky, she questioned the President about his interest in her. "I asked him why he doesn't ask me any questions about myself, and . . . is this just about sex . . . or do you have some interest in trying to get to know me as a person?"⁽²²³⁾ The President laughed and said, according to Ms. Lewinsky, that "he cherishes the time that he had with me."⁽²²⁴⁾ She considered it "a little bit odd" for him to speak of cherishing their time together "when I felt like he didn't really even know me yet."⁽²²⁵⁾

They continued talking as they went to the hallway by the study. Then, with Ms. Lewinsky in mid-sentence, "he just started kissing me."⁽²²⁶⁾ He lifted her top and touched her breasts with his hands and mouth.⁽²²⁷⁾ According to Ms. Lewinsky, the President "unzipped his pants and sort of exposed himself," and she performed oral sex.⁽²²⁸⁾

At one point during the encounter, someone entered the Oval Office. In Ms. Lewinsky's recollection, "[The President] zipped up real quickly and went out and came back in . . . . I just remember laughing because he had walked out there and he was visibly aroused, and I just thought it was funny."⁽²²⁹⁾

A short time later, the President got word that his next appointment, a friend from Arkansas, had arrived.⁽²³⁰⁾ He took Ms. Lewinsky out through the Oval Office into Ms. Hernreich's office, where he kissed her goodbye.⁽²³¹⁾

C. February 4 Sexual Encounter and Subsequent Phone Calls

On Sunday, February 4, according to Ms. Lewinsky, she and the President had their sixth sexual encounter and their first lengthy and personal conversation. The President was in the Oval Office from 3:36 to 7:05 p.m.⁽²³²⁾ He had no telephone calls in the Oval Office before 4:45 p.m.⁽²³³⁾ Records do not show Ms. Lewinsky's entry or exit.

According to Ms. Lewinsky, the President telephoned her at her desk and they planned their rendezvous. At her suggestion, they bumped into each other in the hallway, "because when it happened accidentally, that seemed to work really well," then walked together to the area of the private study.⁽²³⁴⁾

There, according to Ms. Lewinsky, they kissed. She was wearing a long dress that buttoned from the neck to the ankles. "And he unbuttoned my dress and he unhooked my bra, and sort of took the dress off my shoulders and . . . moved the bra . . . . [H]e was looking at me and touching me and telling me how beautiful I was."⁽²³⁵⁾ He touched her breasts with his hands and his mouth, and touched her genitals, first through underwear and then directly.⁽²³⁶⁾ She performed oral sex on him.⁽²³⁷⁾

After their sexual encounter, the President and Ms. Lewinsky sat and talked in the Oval Office for about 45 minutes. Ms. Lewinsky thought the President might be responding to her suggestion during their previous meeting about "trying to get to know me."⁽²³⁸⁾ It was during that conversation on February 4, according to Ms. Lewinsky, that their friendship started to blossom.⁽²³⁹⁾

When she prepared to depart, according to Ms. Lewinsky, the President "kissed my arm and told me he'd call me, and then I said, yeah, well, what's my phone number? And so he recited both my home number and my office number off the top of his head."⁽²⁴⁰⁾ The President called her at her desk later that afternoon and said he had enjoyed their time together.⁽²⁴¹⁾

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

According to Ms. Lewinsky, the President terminated their relationship (only temporarily, as it happened), on Monday, February 19, 1996 -- President's Day. The President was in the Oval Office from 11 a.m. to 2:01 p.m. that day.⁽²⁴²⁾ He had no telephone calls between 12:19 and 12:42 p.m.⁽²⁴³⁾ Records do not reflect Ms. Lewinsky's presence at the White House.

In Ms. Lewinsky's recollection, the President telephoned her at her Watergate apartment that day. From the tone of his voice, she could tell something was wrong. She asked to come see him, but he said he did not know how long he would be there.⁽²⁴⁴⁾ Ms. Lewinsky went to the White House, then walked to the Oval Office sometime between noon and 2 p.m. (the only time she ever went to the Oval Office uninvited).⁽²⁴⁵⁾ Ms. Lewinsky recalled that she was admitted by a tall, slender, Hispanic plainclothes agent on duty near the door.⁽²⁴⁶⁾

The President told her that he no longer felt right about their intimate relationship, and he had to put a stop to it.⁽²⁴⁷⁾ Ms. Lewinsky was welcome to continue coming to visit him, but only as a friend. He hugged her but would not kiss her.⁽²⁴⁸⁾ At one point during their conversation, the President had a call from a sugar grower in Florida whose name, according to Ms. Lewinsky, was something like "Fanuli." In Ms. Lewinsky's recollection, the President may have taken or returned the call just as she was leaving.⁽²⁴⁹⁾

Ms. Lewinsky's account is corroborated in two respects. First, Nelson U. Garabito, a plainclothes Secret Service agent, testified that, on a weekend or holiday while Ms. Lewinsky worked at the White House (most likely in the early spring of 1996), Ms. Lewinsky appeared in the area of the Oval Office carrying a folder and said, "I have these papers for the President."⁽²⁵⁰⁾ After knocking, Agent Garabito opened the Oval Office door, told the President he had a visitor, ushered Ms. Lewinsky in, and closed the door behind her.⁽²⁵¹⁾ When Agent Garabito's shift ended a few minutes later, Ms. Lewinsky was still in the Oval Office.⁽²⁵²⁾

Second, concerning Ms. Lewinsky's recollection of a call from a sugar grower named "Fanuli," the President talked with Alfonso Fanjul of Palm Beach, Florida, from 12:42 to 1:04 p.m.⁽²⁵³⁾ Mr. Fanjul had telephoned a few minutes earlier, at 12:24 p.m.⁽²⁵⁴⁾ The Fanjuls are prominent sugar growers in Florida.⁽²⁵⁵⁾

E. Continuing Contacts

After the break-up on February 19, 1996, according to Ms. Lewinsky, "there continued to sort of be this flirtation . . . when we'd see each other."⁽²⁵⁶⁾ After passing Ms. Lewinsky in a hallway one night in late February or March, the President telephoned her at home and said he was disappointed that, because she had already left the White House for the evening, they could not get together. Ms. Lewinsky testified that the call "sort of implied to me that he was interested in starting up again."⁽²⁵⁷⁾ On March 10, 1996, Ms. Lewinsky took a visiting friend, Natalie Ungvari, to the White House. They bumped into the President, who said to Ms. Ungvari when Ms. Lewinsky introduced them: "You must be her friend from California."⁽²⁵⁸⁾ Ms. Ungvari was "shocked" that the President knew where she was from.⁽²⁵⁹⁾

Ms. Lewinsky testified that on Friday, March 29, 1996, she was walking down a hallway when she passed the President, who was wearing the first necktie she had given him. She asked where he had gotten the tie, and he replied: "Some girl with style gave it to me."⁽²⁶⁰⁾ Later, he telephoned her at her desk and asked if she would like to see a movie. His plan was that she would position herself in the hallway by the White House Theater at a certain time, and he would invite her to join him and a group of guests as they entered. Ms. Lewinsky responded that she did not want people to think she was lurking around the West Wing uninvited.⁽²⁶¹⁾ She asked if they could arrange a rendezvous over the weekend instead, and he said he would try.⁽²⁶²⁾ Records confirm that the President spent the evening of March 29 in the White House Theater.⁽²⁶³⁾ Mrs. Clinton was in Athens, Greece.⁽²⁶⁴⁾

F. March 31 Sexual Encounter

On Sunday, March 31, 1996, according to Ms. Lewinsky, she and the President resumed their sexual contact.⁽²⁶⁵⁾ Ms. Lewinsky was at the White House from 10:21 a.m. to 4:27 p.m. on that day.⁽²⁶⁶⁾ The President was in the Oval Office from 3:00 to 5:46 p.m.⁽²⁶⁷⁾ His only call while in the Oval Office was from 3:06 to 3:07 p.m.⁽²⁶⁸⁾ Mrs. Clinton was in Ireland.⁽²⁶⁹⁾

According to Ms. Lewinsky, the President telephoned her at her desk and suggested that she come to the Oval Office on the pretext of delivering papers to him.⁽²⁷⁰⁾ She went to the Oval Office and was admitted by a plainclothes Secret Service agent.⁽²⁷¹⁾ In her folder was a gift for the President, a Hugo Boss necktie.⁽²⁷²⁾

In the hallway by the study, the President and Ms. Lewinsky kissed. On this occasion, according to Ms. Lewinsky, "he focused on me pretty exclusively," kissing her bare breasts and fondling her genitals.⁽²⁷³⁾ At one point, the President inserted a cigar into Ms. Lewinsky's vagina, then put the cigar in his mouth and said: "It tastes good."⁽²⁷⁴⁾ After they were finished, Ms. Lewinsky left the Oval Office and walked through the Rose Garden.⁽²⁷⁵⁾

A. Earlier Observations of Ms. Lewinsky in the West Wing

Ms. Lewinsky's visits to the Oval Office area had not gone unnoticed. Officer Fox testified that "it was pretty commonly known that she did frequent the West Wing on the weekends."⁽²⁷⁶⁾ Another Secret Service uniformed officer, William Ludtke III, once saw her exit from the pantry near the Oval Office; she seemed startled and possibly embarrassed to be spotted.⁽²⁷⁷⁾ Officer John Muskett testified that "if the President was known to be coming into the Diplomatic Reception Room, a lot of times [Ms. Lewinsky] just happened to be walking down the corridor, you know, maybe just to see the President."⁽²⁷⁸⁾ Ms. Lewinsky acknowledged that she tried to position herself to see the President.⁽²⁷⁹⁾

Although they could not date them precisely, Secret Service officers and agents testified about several occasions when Ms. Lewinsky and the President were alone in the Oval Office. William C. Bordley, a former member of the Presidential Protective Detail, testified that in late 1995 or early 1996, he stopped Ms. Lewinsky outside the Oval Office because she did not have her pass.⁽²⁸⁰⁾ The President opened the Oval Office door, indicated to Agent Bordley that Ms. Lewinsky's presence was all right, and ushered Ms. Lewinsky into the Oval Office.⁽²⁸¹⁾ Agent Bordley saw Ms. Lewinsky leave about half an hour later.⁽²⁸²⁾

Another former member of the Presidential Protective Detail, Robert C. Ferguson, testified that one Saturday in winter, the President told him that he was expecting "some staffers."⁽²⁸³⁾ A short time later, Ms. Lewinsky arrived and said that "[t]he President needs me."⁽²⁸⁴⁾ Agent Ferguson announced Ms. Lewinsky and admitted her to the Oval Office.⁽²⁸⁵⁾ About 10 or 15 minutes later, Agent Ferguson rotated to a post on the Colonnade outside the Oval Office.⁽²⁸⁶⁾ He glanced through the window into the Oval Office and saw the President and Ms. Lewinsky go through the door leading toward the private study.⁽²⁸⁷⁾

Deeming her frequent visits to the Oval Office area a "nuisance," one Secret Service Officer complained to Evelyn Lieberman, the Deputy Chief of Staff for Operations.⁽²⁸⁸⁾ Ms. Lieberman was already aware of Ms. Lewinsky. In December 1995, according to Ms. Lewinsky, Ms. Lieberman chided her for being in the West Wing and told her that interns are not permitted around the Oval Office. Ms. Lewinsky (who had begun her Office of Legislative Affairs job) told Ms. Lieberman that she was not an intern anymore. After expressing surprise that Ms. Lewinsky had been hired, Ms. Lieberman said she must have Ms. Lewinsky confused with someone else.⁽²⁸⁹⁾ Ms. Lieberman confirmed that she reprimanded Ms. Lewinsky, whom she considered "what we used to call a 'clutch' . . . always someplace she shouldn't be."⁽²⁹⁰⁾

In Ms. Lewinsky's view, some White House staff members seemed to think that she was to blame for the President's evident interest in her:

[P]eople were wary of his weaknesses, maybe, and . . . they didn't want to look at him and think that he could be responsible for anything, so it had to all be my fault . . . I was stalking him or I was making advances towards him.⁽²⁹²⁾

B. Decision to Transfer Ms. Lewinsky

Ms. Lieberman testified that, because Ms. Lewinsky was so persistent in her efforts to be near the President, "I decided to get rid of her."⁽²⁹³⁾ First she consulted Chief of Staff Panetta. According to Mr. Panetta, Ms. Lieberman told him about a woman on the staff who was "spending too much time around the West Wing." Because of "the appearance that it was creating," Ms. Lieberman proposed to move her out of the White House. Mr. Panetta -- who testified that he valued Ms. Lieberman's role as "a tough disciplinarian" and "trusted her judgment" -- replied, "Fine."⁽²⁹⁴⁾ Although Ms. Lieberman said she could not recall having heard any rumors linking the President and Ms. Lewinsky, she acknowledged that "the President was vulnerable to these kind of rumors . . . yes, yes, that was one of the reasons" for moving Ms. Lewinsky out of the White House.⁽²⁹⁵⁾ Later, in September 1997, Marcia Lewis (Ms. Lewinsky's mother) complained about her daughter's dismissal to Ms. Lieberman, whom she met at a Voice of America ceremony. Ms. Lieberman, according to Ms. Lewis, responded by "saying something about Monica being cursed because she's beautiful." Ms. Lewis gathered from the remark that Ms. Lieberman, as part of her effort to protect the President, "would want to have pretty women moved out."⁽²⁹⁶⁾

Most people understood that the principal reason for Ms. Lewinsky's transfer was her habit of hanging around the Oval Office and the West Wing.⁽²⁹⁷⁾ In a memo in October 1996, John Hilley, Assistant to the President and Director of Legislative Affairs, reported that Ms. Lewinsky had been "got[ten] rid of" in part "because of 'extracurricular activities'" (a phrase, he maintained in the grand jury, that meant only that Ms. Lewinsky was often absent from her work station).⁽²⁹⁸⁾

White House officials arranged for Ms. Lewinsky to get another job in the Administration.⁽²⁹⁹⁾ "Our direction is to make sure she has a job in an Agency," Patsy Thomasson wrote in an email message on April 9, 1996.⁽³⁰⁰⁾ Ms. Thomasson's office (Presidential Personnel) sent Ms. Lewinsky's resume to Charles Duncan, Special Assistant to the Secretary of Defense and White House Liaison, and asked him to find a Pentagon opening for her.⁽³⁰¹⁾ Mr. Duncan was told that, though Ms. Lewinsky had performed her duties capably, she was being dismissed for hanging around the Oval Office too much.⁽³⁰²⁾ According to Mr. Duncan -- who had received as many as 40 job referrals per day from the White House -- the White House had never given such an explanation for a transfer.⁽³⁰³⁾

C. Ms. Lewinsky's Notification of Her Transfer

On Friday, April 5, 1996, Timothy Keating, Staff Director for Legislative Affairs, informed Ms. Lewinsky that she would have to leave her White House job.⁽³⁰⁴⁾ According to Mr. Keating, he told her that she was not being fired, merely "being given a different opportunity." In fact, she could tell people it was a promotion if she cared to do so.⁽³⁰⁵⁾ Upon hearing of her dismissal, Ms. Lewinsky burst into tears and asked if there was any way for her to stay in the White House, even without pay.⁽³⁰⁶⁾ No, Mr. Keating said. According to Ms. Lewinsky, "He told me I was too sexy to be working in the East Wing and that this job at the Pentagon where I'd be writing press releases was a sexier job."⁽³⁰⁷⁾

Ms. Lewinsky was devastated. She felt that she was being transferred simply because of her relationship with the President.⁽³⁰⁸⁾ And she feared that with the loss of her White House job, "I was never going to see the President again. I mean, my relationship with him would be over."⁽³⁰⁹⁾

D. Conversations with the President about Her Transfer

1. Easter Telephone Conversations and Sexual Encounter

On Easter Sunday, April 7, 1996, Ms. Lewinsky told the President of her dismissal and they had a sexual encounter. Ms. Lewinsky entered the White House at 4:56 and left at 5:28 p.m.⁽³¹⁰⁾ The President was in the Oval Office all afternoon, from 2:21 to 7:48 p.m.⁽³¹¹⁾

According to Ms. Lewinsky, the President telephoned her at home that day. After they spoke of the death of the Commerce Secretary the previous week, she told him of her dismissal:

I had asked him . . . if he was doing okay with Ron Brown's death, and then after we talked about that for a little bit I told him that my last day was Monday. And . . . he seemed really upset and sort of asked me to tell him what had happened. So I did and I was crying and I asked him if I could come see him, and he said that that was fine.⁽³¹²⁾

At the White House, according to Ms. Lewinsky, she told Secret Service Officer Muskett that she needed to deliver papers to the President.⁽³¹³⁾ Officer Muskett admitted her to the Oval Office, and she and the President proceeded to the private study.⁽³¹⁴⁾

According to Ms. Lewinsky, the President seemed troubled about her upcoming departure from the White House:

He told me that he thought that my being transferred had something to do with him and that he was upset. He said, "Why do they have to take you away from me? I trust you." And then he told me -- he looked at me and he said, "I promise you if I win in November I'll bring you back like that."⁽³¹⁵⁾

He also indicated that she could have any job she wanted after the election.⁽³¹⁶⁾ In addition, the President said he would find out why Ms. Lewinsky was transferred and report back to her.⁽³¹⁷⁾

When asked if he had promised to get Ms. Lewinsky another White House job, the President told the grand jury:

What I told Ms. Lewinsky was that . . . I would do what I could to see, if she had a good record at the Pentagon, and she assured me she was doing a good job and working hard, that I would do my best to see that the fact that she had been sent away from the Legislative Affairs section did not keep her from getting a job in the White House, and that is, in fact, what I tried to do. . . . But I did not tell her I would order someone to hire her, and I never did, and I wouldn't do that. It wouldn't be right.⁽³¹⁸⁾

Ms. Lewinsky, when asked if the President had said that he would bring her back to the White House only if she did a good job at the Pentagon, responded: "No."⁽³¹⁹⁾

After this Easter Sunday conversation, the President and Ms. Lewinsky had a sexual encounter in the hallway, according to Ms. Lewinsky.⁽³²⁰⁾ She testified that the President touched her breasts with his mouth and hands.⁽³²¹⁾ According to Ms. Lewinsky: "I think he unzipped [his pants] . . . because it was sort of this running joke that I could never unbutton his pants, that I just had trouble with it."⁽³²²⁾ Ms. Lewinsky performed oral sex. The President did not ejaculate in her presence.⁽³²³⁾

During this encounter, someone called out from the Oval Office that the President had a phone call.⁽³²⁴⁾ He went back to the Oval Office for a moment, then took the call in the study. The President indicated that Ms. Lewinsky should perform oral sex while he talked on the phone, and she obliged.⁽³²⁵⁾ The telephone conversation was about politics, and Ms. Lewinsky thought the caller might be Dick Morris.⁽³²⁶⁾ White House records confirm that the President had one telephone call during Ms. Lewinsky's visit: from "Mr. Richard Morris," to whom he talked from 5:11 to 5:20 p.m.⁽³²⁷⁾

A second interruption occurred a few minutes later, according to Ms. Lewinsky. She and the President were in the study.⁽³²⁸⁾ Ms. Lewinsky testified:

Harold Ickes has a very distinct voice and . . . I heard him holler "Mr. President," and the President looked at me and I looked at him and he jetted out into the Oval Office and I panicked and . . . thought that maybe because Harold was so close with the President that they might just wander back there and the President would assume that I knew to leave.⁽³²⁹⁾

Ms. Lewinsky testified that she exited hurriedly through the dining room door.⁽³³⁰⁾ That evening, the President called and asked Ms. Lewinsky why she had run off. "I told him that I didn't know if he was going to be coming back . . . . [H]e was a little upset with me that I left."⁽³³¹⁾

In addition to the record of the Dick Morris phone call, the testimony of Secret Service Officer Muskett corroborates Ms. Lewinsky's account. Officer Muskett was posted near the door to the Oval Office on Easter Sunday.⁽³³²⁾ He testified that Ms. Lewinsky (whom he knew) arrived at about 4:45 p.m. carrying a manila folder and seeming "a little upset."⁽³³³⁾ She told Officer Muskett that she needed to deliver documents to the President.⁽³³⁴⁾ Officer Muskett or the plainclothes agent on duty with him opened the door, and Ms. Lewinsky entered.⁽³³⁵⁾

About 20 to 25 minutes later, according to Officer Muskett, the telephone outside the Oval Office rang. The White House operator said that the President had an important call but he was not picking up.⁽³³⁶⁾ The agent working alongside Officer Muskett knocked on the door to the Oval Office. When the President did not respond, the agent entered. The Oval Office was empty, and the door leading to the study was slightly ajar.⁽³³⁷⁾ (Ms. Lewinsky testified that the President left the door ajar during their sexual encounters.⁽³³⁸⁾) The agent called out, "Mr. President?" There was no response. The agent stepped into the Oval Office and called out more loudly, "Mr. President?" This time there was a response from the study area, according to Officer Muskett: "Huh?" The agent called out that the President had a phone call, and the President said he would take it.⁽³³⁹⁾

A few minutes later, according to Officer Muskett, Mr. Ickes approached and said he needed to see President Clinton. Officer Muskett admitted him through Ms. Currie's office.⁽³⁴⁰⁾ Less than a minute after Mr. Ickes entered Ms. Currie's reception area, according to Officer Muskett, the pantry or dining room door closed audibly. Officer Muskett stepped down the hall to check and saw Ms. Lewinsky walking away briskly.⁽³⁴¹⁾

At 5:30 p.m., two minutes after Ms. Lewinsky left the White House, the President called the office of the person who had decided to transfer Ms. Lewinsky, Evelyn Lieberman.⁽³⁴²⁾

2. April 12-13: Telephone Conversations

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

[H]e had come to learn . . . that Evelyn Lieberman had sort of spearheaded the transfer, and that she thought he was paying too much attention to me and I was paying too much attention to him and that she didn't necessarily care what happened after the election but everyone needed to be careful before the election.⁽³⁴³⁾

According to Ms. Lewinsky, the President told her to give the Pentagon a try, and, if she did not like it, he would get her a job on the campaign.⁽³⁴⁴⁾

In the grand jury, Ms. Lieberman testified that the President asked her directly about Ms. Lewinsky's transfer:

After I had gotten rid of her, when I was in there, during the course of a conversation, [President Clinton] said, "I got a call about --" I don't know if he said her name. He said maybe "-- an intern you fired." And she was evidently very upset about it. He said, "Do you know anything about this?" I said, "Yes." He said, "Who fired her?" I said, "I did." And he said, "Oh, okay."⁽³⁴⁵⁾

According to Ms. Lieberman, the President did not pursue the matter further.⁽³⁴⁶⁾

Three other witnesses confirm that the President knew why Ms. Lewinsky was transferred to the Pentagon. In 1997, the President told Chief of Staff Erskine Bowles "that there was a young woman -- her name was Monica Lewinsky -- who used to work at the White House; that Evelyn . . . thought she hung around the Oval Office too much and transferred her to the Pentagon."⁽³⁴⁷⁾ According to Betty Currie, the President believed that Ms. Lewinsky had been unfairly transferred.⁽³⁴⁸⁾ The President's close friend, Vernon Jordan, testified that the President said to him in December 1997 that "he knew about [Ms. Lewinsky's] situation, which was that she was pushed out of the White House."⁽³⁴⁹⁾

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

A. Pentagon Job

On April 16, 1996, Ms. Lewinsky began working at the Pentagon as Confidential Assistant to the Assistant Secretary of Defense for Public Affairs.⁽³⁵⁰⁾

B. No Physical Contact

According to Ms. Lewinsky, she had no physical contact with the President for the rest of 1996.⁽³⁵¹⁾ "I wasn't alone with him so when I saw him it was in some sort of event or group setting," she testified.⁽³⁵²⁾

C. Telephone Conversations

Ms. Lewinsky and the President did talk by telephone, especially in her first weeks at the new job.⁽³⁵³⁾ By Ms. Lewinsky's estimate, the President phoned her (sometimes leaving a message) four or five times in the month after she started working at the Pentagon, then two or three times a month thereafter for the rest of 1996.⁽³⁵⁴⁾ During the fall 1996 campaign, the President sometimes called from trips when Mrs. Clinton was not accompanying him.⁽³⁵⁵⁾ During at least seven of the 1996 calls, Ms. Lewinsky and the President had phone sex.⁽³⁵⁶⁾

According to Ms. Lewinsky, the President telephoned her at about 6:30 a.m. on July 19, the day he was leaving for the 1996 Olympics in Atlanta, and they had phone sex, after which the President exclaimed, "[G]ood morning!" and then said: "What a way to start a day."⁽³⁵⁷⁾ A call log shows that the President called the White House operator at 12:11 a.m. on July 19 and asked for a wake-up call at 7 a.m., then at 6:40 a.m., the President called and said he was already up.⁽³⁵⁸⁾ In Ms. Lewinsky's recollection, she and the President also had phone sex on May 21, July 5 or 6, October 22, and December 2, 1996.⁽³⁵⁹⁾ On those dates, Mrs. Clinton was in Denver (May 21), Prague and Budapest (July 5-6), Las Vegas (October 22), and en route to Bolivia (December 2).⁽³⁶⁰⁾

Ms. Lewinsky repeatedly told the President that she disliked her Pentagon job and wanted to return to the White House.⁽³⁶¹⁾ In a recorded conversation, Ms. Lewinsky recounted one call:

[A] month had passed and -- so he had called one night, and I said, "Well," I said, "I'm really unhappy," you know. And [the President] said, "I don't want to talk about your job tonight. I'll call you this week, and then we'll talk about it. I want to talk about other things" -- which meant phone sex.⁽³⁶²⁾

She expected to talk with him the following weekend, and she was "ready to broach the idea of . . . going to the campaign," but he did not call.⁽³⁶³⁾

Ms. Lewinsky and the President also talked about their relationship. During a phone conversation on September 5, according to Ms. Lewinsky, she told the President that she wanted to have intercourse with him. He responded that he could not do so because of the possible consequences. The two of them argued, and he asked if he should stop calling her. No, she responded.⁽³⁶⁴⁾

D. Public Encounters

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

I'm an insecure person . . . and I was insecure about the relationship at times and thought that he would come to forget me easily and if I hadn't heard from him . . . it was very difficult for me . . . . [U]sually when I'd see him, it would kind of prompt him to call me. So I made an effort. I would go early and stand in the front so I could see him . . . .⁽³⁶⁵⁾

On May 2, 1996, Ms. Lewinsky saw the President at a reception for the Saxophone Club, a political organization.⁽³⁶⁶⁾ On June 14, Ms. Lewinsky and her family attended the taping of the President's weekly radio address and had photos taken with the President.⁽³⁶⁷⁾ On August 18, Ms. Lewinsky attended the President's 50th birthday party at Radio City Music Hall, and she got into a cocktail party for major donors where she saw the President.⁽³⁶⁸⁾ According to Ms. Lewinsky, when the President reached past her at the rope line to shake hands with another guest, she reached out and touched his crotch in a "playful" fashion.⁽³⁶⁹⁾ On October 23, according to Ms. Lewinsky, she talked with the President at a fundraiser for Senate Democrats.⁽³⁷⁰⁾ The two were photographed together at the event.⁽³⁷¹⁾ The President was wearing a necktie she had given him, according to Ms. Lewinsky, and she said to him, "Hey, Handsome -- I like your tie."⁽³⁷²⁾ The President telephoned her that night. She said she planned to be at the White House on Pentagon business the next day, and he told her to stop by the Oval Office. At the White House the next day, Ms. Lewinsky did not see the President because Ms. Lieberman was nearby.⁽³⁷³⁾ On December 17, Ms. Lewinsky attended a holiday reception at the White House.⁽³⁷⁴⁾ A photo shows her shaking hands with the President.⁽³⁷⁵⁾

E. Ms. Lewinsky's Frustrations

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

I was so sure that the weekend after the election you would call me to come visit and you would kiss me passionately and tell me you couldn't wait to have me back. You'd ask me where I wanted to work and say something akin to "Consider it done" and it would be. Instead I didn't hear from you for weeks and subsequently your phone calls became less frequent.⁽³⁷⁶⁾

Ms. Lewinsky grew increasingly frustrated over her relationship with President Clinton.⁽³⁷⁷⁾ One friend understood that Ms. Lewinsky complained to the President about not having seen each other privately for months, and he replied, "Every day can't be sunshine."⁽³⁷⁸⁾ In email to another friend in early 1997, Ms. Lewinsky wrote: "I just don't understand what went wrong, what happened? How could he do this to me? Why did he keep up contact with me for so long and now nothing, now when we could be together?"⁽³⁷⁹⁾

A. Resumption of Meetings with the President

1. Role of Betty Currie

a. Arranging Meetings

In 1997, with the presidential election past, Ms. Lewinsky and the President resumed their one-on-one meetings and sexual encounters. The President's secretary, Betty Currie, acted as intermediary.

According to Ms. Currie, Ms. Lewinsky would often call her and say she wanted to see the President, sometimes to discuss a particular topic.⁽³⁸⁰⁾ Ms. Currie would ask President Clinton, and, if he agreed, arrange the meeting.⁽³⁸¹⁾ Ms. Currie also said it was "not unusual" that Ms. Lewinsky would talk by phone with the President and then call Ms. Currie to set up a meeting.⁽³⁸²⁾ At times, Ms. Currie placed calls to Ms. Lewinsky for President Clinton and put him on the line.⁽³⁸³⁾

The meetings between the President and Ms. Lewinsky often occurred on weekends.⁽³⁸⁴⁾ When Ms. Lewinsky would arrive at the White House, Ms. Currie generally would be the one to authorize her entry and take her to the West Wing.⁽³⁸⁵⁾ Ms. Currie acknowledged that she sometimes would come to the White House for the sole purpose of having Ms. Lewinsky admitted and bringing her to see the President.⁽³⁸⁶⁾ According to Ms. Currie, Ms. Lewinsky and the President were alone together in the Oval Office or the study for 15 to 20 minutes on multiple occasions.⁽³⁸⁷⁾

Secret Service officers and agents took note of Ms. Currie's role. Officer Steven Pape once observed Ms. Currie come to the White House for the duration of Ms. Lewinsky's visit, then leave.⁽³⁸⁸⁾ When calling to alert the officer at the West Wing lobby that Ms. Lewinsky was en route, Ms. Currie would sometimes say, "[Y]ou know who it is."⁽³⁸⁹⁾ On one occasion, Ms. Currie instructed Officer Brent Chinery to hold Ms. Lewinsky at the lobby for a few minutes because she needed to move the President to the study.⁽³⁹⁰⁾ On another occasion, Ms. Currie told Officer Chinery to have Ms. Lewinsky held at the gate for 30 to 40 minutes because the President already had a visitor.⁽³⁹¹⁾

Ms. Lewinsky testified that she once asked the President why Ms. Currie had to clear her in, and why he could not do so himself. "[H]e said because if someone comes to see him, there's a list circulated among the staff members and then everyone would be questioning why I was there to see him."⁽³⁹²⁾

b. Intermediary for Gifts

Ms. Lewinsky also sent over a number of packages -- six or eight, Ms. Currie estimated.⁽³⁹³⁾ According to Ms. Currie, Ms. Lewinsky would call and say she was sending something for the President.⁽³⁹⁴⁾ The package would arrive addressed to Ms. Currie.⁽³⁹⁵⁾ Courier receipts show that Ms. Lewinsky sent seven packages to the White House between October 7 and December 8, 1997.⁽³⁹⁶⁾ Evidence indicates that Ms. Lewinsky on occasion also dropped parcels off with Ms. Currie or had a family member do so,⁽³⁹⁷⁾ and brought gifts to the President when visiting him.⁽³⁹⁸⁾ Ms. Currie testified that most packages from Ms. Lewinsky were intended for the President.⁽³⁹⁹⁾

Although Ms. Currie generally opened letters and parcels to the President, she did not open these packages from Ms. Lewinsky.⁽⁴⁰⁰⁾ She testified that "I made the determination not to open" such letters and packages because "I felt [they were] probably personal."⁽⁴⁰¹⁾ Instead, she would leave the package in the President's box, and "[h]e would pick it up."⁽⁴⁰²⁾ To the best of her knowledge, such parcels always reached the President.⁽⁴⁰³⁾

c. Secrecy

Ms. Currie testified that she suspected impropriety in the President's relationship with Ms. Lewinsky.⁽⁴⁰⁴⁾ She told the grand jury that she "had concern." In her words: "[H]e was spending a lot of time with a 24-year-old young lady. I know he has said that young people keep him involved in what's happening in the world, so I knew that was one reason, but there was a concern of mine that she was spending more time than most."⁽⁴⁰⁵⁾ Ms. Currie understood that "the majority" of the President's meetings with Ms. Lewinsky were "more personal in nature as opposed to business."⁽⁴⁰⁶⁾

Ms. Currie also testified that she tried to avoid learning details of the relationship between the President and Ms. Lewinsky. On one occasion, Ms. Lewinsky said of herself and the President, "As long as no one saw us -- and no one did -- then nothing happened." Ms. Currie responded: "Don't want to hear it. Don't say any more. I don't want to hear any more."⁽⁴⁰⁷⁾

Ms. Currie helped keep the relationship secret. When the President wanted to talk with Ms. Lewinsky, Ms. Currie would dial the call herself rather than go through White House operators, who keep logs of presidential calls made through the switchboard.⁽⁴⁰⁸⁾ When Ms. Lewinsky phoned and Ms. Currie put the President on the line, she did not log the call, though the standard procedure was to note all calls, personal and professional.⁽⁴⁰⁹⁾ According to Secret Service uniformed officers, Ms. Currie sometimes tried to persuade them to admit Ms. Lewinsky to the White House compound without making a record of it.⁽⁴¹⁰⁾

In addition, Ms. Currie avoided writing down or retaining most messages from Ms. Lewinsky to the President. In response to a grand jury subpoena, the White House turned over only one note to the President concerning Ms. Lewinsky -- whereas evidence indicates that Ms. Lewinsky used Ms. Currie to convey requests and messages to the President on many occasions.⁽⁴¹¹⁾

When bringing Ms. Lewinsky in from the White House gate, Ms. Currie said she sometimes chose a path that would reduce the likelihood of being seen by two White House employees who disapproved of Ms. Lewinsky: Stephen Goodin and Nancy Hernreich.⁽⁴¹²⁾ Ms. Currie testified that she once brought Ms. Lewinsky directly to the study, "sneaking her back" via a roundabout path to avoid running into Mr. Goodin.⁽⁴¹³⁾ When Ms. Lewinsky visited the White House on weekends and at night, being spotted was not a problem -- in Ms. Currie's words, "there would be no need to sneak" -- so Ms. Lewinsky would await the President in Ms. Currie's office.⁽⁴¹⁴⁾

According to Ms. Lewinsky, she once expressed concern about records showing the President's calls to her, and Ms. Currie told her not to worry.⁽⁴¹⁵⁾ Ms. Lewinsky also suspected that Ms. Currie was not logging in all of her gifts to the President.⁽⁴¹⁶⁾ In Ms. Lewinsky's evaluation, many White House staff members tried to regulate the President's behavior, but Ms. Currie generally did as he wished.⁽⁴¹⁷⁾

2. Observations by Secret Service Officers

Officers of the Secret Service Uniformed Division noted Ms. Lewinsky's 1997 visits to the White House. From radio traffic about the President's movements, several officers observed that the President often would head for the Oval Office within minutes of Ms. Lewinsky's entry to the complex, especially on weekends, and some noted that he would return to the Residence a short time after her departure.⁽⁴¹⁸⁾ "It was just like clockwork," according to one officer.⁽⁴¹⁹⁾ Concerned about the President's reputation, another officer suggested putting Ms. Lewinsky on a list of people who were not to be admitted to the White House. A commander responded that it was none of their business whom the President chose to see, and, in any event, nobody would ever find out about Ms. Lewinsky.⁽⁴²⁰⁾

B. Valentine's Day Advertisement

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

HANDSOME

With love's light wings did

I o'er perch these walls

For stony limits cannot hold love out,

And what love can do that dares love attempt.

-- Romeo and Juliet 2:2

Happy Valentine's Day.

M⁽⁴²¹⁾

C. February 24 Message

On February 24, Ms. Lewinsky visited the White House on Pentagon business.⁽⁴²²⁾ She went by Ms. Currie's office.⁽⁴²³⁾ Ms. Currie sent a note to the President -- the only such note turned over by the White House in response to a grand jury subpoena: "Monica Lewinsky stopped by. Do you want me to call her?"⁽⁴²⁴⁾

D. February 28 Sexual Encounter

According to Ms. Lewinsky, she and the President had a sexual encounter on Thursday, February 28 -- their first in nearly 11 months. White House records show that Ms. Lewinsky attended the taping of the President's weekly radio address on February 28.⁽⁴²⁵⁾ She was at the White House from 5:48 to 7:07 p.m.⁽⁴²⁶⁾ The President was in the Roosevelt Room (where the radio address was taped) from 6:29 to 6:36 p.m., then moved to the Oval Office, where he remained until 7:24 p.m.⁽⁴²⁷⁾ He had no telephone calls while Ms. Lewinsky was in the White House.⁽⁴²⁸⁾

Wearing a navy blue dress from the Gap, Ms. Lewinsky attended the radio address at the President's invitation (relayed by Ms. Currie), then had her photo taken with the President.⁽⁴²⁹⁾ Ms. Lewinsky had not been alone with the President since she had worked at the White House, and, she testified, "I was really nervous."⁽⁴³⁰⁾ President Clinton told her to see Ms. Currie after the photo was taken because he wanted to give her something.⁽⁴³¹⁾ "So I waited a little while for him and then Betty and the President and I went into the back office," Ms. Lewinsky testified.⁽⁴³²⁾ (She later learned that the reason Ms. Currie accompanied them was that Stephen Goodin did not want the President to be alone with Ms. Lewinsky, a view that Mr. Goodin expressed to the President and Ms. Currie.⁽⁴³³⁾) Once they had passed from the Oval Office toward the private study, Ms. Currie said, "I'll be right back," and walked on to the back pantry or the dining room, where, according to Ms. Currie, she waited for 15 to 20 minutes while the President and Ms. Lewinsky were in the study.⁽⁴³⁴⁾ Ms. Currie (who said she acted on her own initiative) testified that she accompanied the President and Ms. Lewinsky out of the Oval Office because "I didn't want any perceptions, him being alone with someone."⁽⁴³⁵⁾

In the study, according to Ms. Lewinsky, the President "started to say something to me and I was pestering him to kiss me, because . . . it had been a long time since we had been alone."⁽⁴³⁶⁾ The President told her to wait a moment, as he had presents for her.⁽⁴³⁷⁾ As belated Christmas gifts, he gave her a hat pin and a special edition of Walt Whitman's Leaves of Grass.⁽⁴³⁸⁾

Ms. Lewinsky described the Whitman book as "the most sentimental gift he had given me . . . it's beautiful and it meant a lot to me."⁽⁴³⁹⁾ During this visit, according to Ms. Lewinsky, the President said he had seen her Valentine's Day message in the Washington Post, and he talked about his fondness for "Romeo and Juliet."⁽⁴⁴⁰⁾

Ms. Lewinsky testified that after the President gave her the gifts, they had a sexual encounter:

[W]e went back over by the bathroom in the hallway, and we kissed. We were kissing and he unbuttoned my dress and fondled my breasts with my bra on, and then took them out of my bra and was kissing them and touching them with his hands and with his mouth.

And then I think I was touching him in his genital area through his pants, and I think I unbuttoned his shirt and was kissing his chest. And then . . . I wanted to perform oral sex on him . . . and so I did. And then . . . I think he heard something, or he heard someone in the office. So, we moved into the bathroom.

And I continued to perform oral sex and then he pushed me away, kind of as he always did before he came, and then I stood up and I said . . . I care about you so much; . . . I don't understand why you won't let me . . . make you come; it's important to me; I mean, it just doesn't feel complete, it doesn't seem right.⁽⁴⁴¹⁾

Ms. Lewinsky testified that she and the President hugged, and "he said he didn't want to get addicted to me, and he didn't want me to get addicted to him." They looked at each other for a moment.⁽⁴⁴²⁾ Then, saying that "I don't want to disappoint you," the President consented.⁽⁴⁴³⁾ For the first time, she performed oral sex through completion.⁽⁴⁴⁴⁾

When Ms. Lewinsky next took the navy blue Gap dress from her closet to wear it, she noticed stains near one hip and on the chest.⁽⁴⁴⁵⁾ FBI Laboratory tests revealed that the stains are the President's semen.⁽⁴⁴⁶⁾

In his grand jury testimony, the President -- who, because the OIC had asked him for a blood sample (and had represented that it had ample evidentiary justification for making such a request), had reason to suspect that Ms. Lewinsky's dress might bear traces of his semen -- indicated that he and Ms. Lewinsky had had sexual contact on the day of the radio address. He testified:

I was sick after it was over and I, I was pleased at that time that it had been nearly a year since any inappropriate contact had occurred with Ms. Lewinsky. I promised myself it wasn't going to happen again. The facts are complicated about what did happen and how it happened. But, nonetheless, I'm responsible for it.⁽⁴⁴⁷⁾

Later the President added, referring to the evening of the radio address: "I do believe that I was alone with her from 15 to 20 minutes. I do believe that things happened then which were inappropriate."⁽⁴⁴⁸⁾ He said of the intimate relationship with Ms. Lewinsky: "I never should have started it, and I certainly shouldn't have started it back after I resolved not to in 1996."⁽⁴⁴⁹⁾

E. March 29 Sexual Encounter

According to Ms. Lewinsky, she had what proved to be her final sexual encounter with the President on Saturday, March 29, 1997. Records show that she was at the White House from 2:03 to 3:16 p.m., admitted by Ms. Currie.⁽⁴⁵⁰⁾ The President was in the Oval Office during this period (he left shortly after Ms. Lewinsky did, at 3:24 p.m.), and he did not have any phone calls during her White House visit.⁽⁴⁵¹⁾

According to Ms. Lewinsky, Ms. Currie arranged the meeting after the President said by telephone that he had something important to tell her. At the White House, Ms. Currie took her to the study to await the President. He came in on crutches, the result of a knee injury in Florida two weeks earlier.⁽⁴⁵²⁾

According to Ms. Lewinsky, their sexual encounter began with a sudden kiss: "[T]his was another one of those occasions when I was babbling on about something, and he just kissed me, kind of to shut me up, I think."⁽⁴⁵³⁾ The President unbuttoned her blouse and touched her breasts without removing her bra.⁽⁴⁵⁴⁾ "[H]e went to go put his hand down my pants, and then I unzipped them because it was easier. And I didn't have any panties on. And so he manually stimulated me."⁽⁴⁵⁵⁾ According to Ms. Lewinsky, "I wanted him to touch my genitals with his genitals," and he did so, lightly and without penetration.⁽⁴⁵⁶⁾ Then Ms. Lewinsky performed oral sex on him, again until he ejaculated.⁽⁴⁵⁷⁾

According to Ms. Lewinsky, she and the President had a lengthy conversation that day. He told her that he suspected that a foreign embassy (he did not specify which one) was tapping his telephones, and he proposed cover stories. If ever questioned, she should say that the two of them were just friends. If anyone ever asked about their phone sex, she should say that they knew their calls were being monitored all along, and the phone sex was just a put-on.⁽⁴⁵⁸⁾

In his grand jury testimony, the President implicitly denied this encounter. He acknowledged "inappropriate intimate contact" with Ms. Lewinsky "on certain occasions in early 1996 and once in early 1997."⁽⁴⁵⁹⁾ The President indicated that "the one occasion in 1997" was the radio address.⁽⁴⁶⁰⁾

F. Continuing Job Efforts

With the 1996 election past, meanwhile, Ms. Lewinsky had continued striving to get a job at the White House. She testified that she first broached the issue in a telephone call with the President in January 1997, and he said he would speak to Bob Nash, Director of Presidential Personnel.⁽⁴⁶¹⁾ She understood that Mr. Nash was supposed to "find a position for me to come back to the White House."⁽⁴⁶²⁾

Over the months that followed, Ms. Lewinsky repeatedly asked the President to get her a White House job. In her recollection, the President replied that various staff members were working on it, including Mr. Nash and Marsha Scott, Deputy Assistant to the President and Deputy Director for Presidential Personnel.⁽⁴⁶³⁾ According to Ms. Lewinsky, the President told her:

"Bob Nash is handling it," "Marsha's going to handle it" and "We just sort of need to be careful." You know, and . . . he would always sort of . . . validate what I was feeling by telling me something that I don't necessarily know is true. "Oh, I'll talk to her," "I'll -- you know, I'll see blah, blah, blah," and it was just "I'll do," "I'll do," "I'll do." And didn't, didn't, didn't.⁽⁴⁶⁴⁾

Ms. Lewinsky came to wonder if she was being "strung along."⁽⁴⁶⁵⁾

Testifying before the grand jury, the President acknowledged that Ms. Lewinsky had complained to him about her job situation:

You know, she tried for months and months to get a job back in the White House, not so much in the West Wing but somewhere in the White House complex, including the Old Executive Office Building. . . . She very much wanted to come back. And she interviewed for some jobs but never got one. She was, from time to time, upset about it.⁽⁴⁶⁶⁾

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

A. Questions about Ms. Lewinsky's Discretion

In April or May 1997, according to Ms. Lewinsky, the President asked if she had told her mother about their intimate relationship. She responded: "No. Of course not."⁽⁴⁶⁸⁾ (In truth, she had told her mother.⁽⁴⁶⁹⁾) The President indicated that Ms. Lewinsky's mother possibly had said something about the nature of the relationship to Walter Kaye, who had mentioned it to Marsha Scott, who in turn had alerted the President.⁽⁴⁷⁰⁾

Corroborating Ms. Lewinsky's account, Mr. Kaye testified that he told Ms. Lewinsky's aunt, Debra Finerman, that he understood that "her niece was very aggressive," a remark that angered Ms. Finerman. Ms. Finerman told Mr. Kaye that the President was the true aggressor: He was telephoning Ms. Lewinsky late at night. Ms. Finerman, in Mr. Kaye's recollection, attributed this information to Marcia Lewis, Ms. Lewinsky's mother (and Ms. Finerman's sister). Mr. Kaye -- who had disbelieved stories he had heard from Democratic National Committee people about an affair between Ms. Lewinsky and the President -- testified that he was "shocked" to hear of the late-night phone calls.⁽⁴⁷¹⁾

B. May 24: Break-up

On Saturday, May 24, 1997, according to Ms. Lewinsky, the President ended their intimate relationship. Ms. Lewinsky was at the White House that day from 12:21 to 1:54 p.m.⁽⁴⁷²⁾ The President was in the Oval Office during most of this period, from 11:59 a.m. to 1:47 p.m.⁽⁴⁷³⁾ He did not have any telephone calls.⁽⁴⁷⁴⁾

According to Ms. Lewinsky, she got a call from Ms. Currie at about 11 a.m. that day, inviting her to come to the White House at about 1 p.m. Ms. Lewinsky arrived wearing a straw hat with the hat pin the President had given her, and bringing gifts for him, including a puzzle and a Banana Republic shirt. She gave him the gifts in the dining room, and they moved to the area of the study.⁽⁴⁷⁵⁾

According to Ms. Lewinsky, the President explained that they had to end their intimate relationship.⁽⁴⁷⁶⁾ Earlier in his marriage, he told her, he had had hundreds of affairs; but since turning 40, he had made a concerted effort to be faithful.⁽⁴⁷⁷⁾ He said he was attracted to Ms. Lewinsky, considered her a great person, and hoped they would remain friends. He pointed out that he could do a great deal for her. The situation, he stressed, was not Ms. Lewinsky's fault.⁽⁴⁷⁸⁾ Ms. Lewinsky, weeping, tried to persuade the President not to end the sexual relationship, but he was unyielding, then and subsequently.⁽⁴⁷⁹⁾ Although she and the President kissed and hugged thereafter, according to Ms. Lewinsky, the sexual relationship was over.⁽⁴⁸⁰⁾

Three days after this meeting, on May 27, 1997, the Supreme Court unanimously rejected President Clinton's claim that the Constitution immunized him from civil lawsuits. The Court ordered the sexual harassment case Jones v. Clinton to proceed.⁽⁴⁸¹⁾

A. Continuing Job Efforts

Although Ms. Lewinsky was not offered another White House job, some testimony indicates that the President tried to get her one.

According to Betty Currie, the President instructed her and Marsha Scott to help Ms. Lewinsky find a White House job.⁽⁴⁸²⁾ Ms. Currie testified that she resisted the request, because her opinion of Ms. Lewinsky had shifted over time. At first, she testified, she considered Ms. Lewinsky "a friend" who "had been wronged" and had been "maligned improperly."⁽⁴⁸³⁾ But "[l]ater on, I considered her as a pain in the neck, more or less."⁽⁴⁸⁴⁾ The change of heart resulted in part from Ms. Currie's many phone calls in 1997 from Ms. Lewinsky, who was often distraught and sometimes in tears over her inability to get in touch with the President.⁽⁴⁸⁵⁾ Deeming her "a little bit pushy," Ms. Currie argued against bringing Ms. Lewinsky back to work at the White House, but the President told her and Ms. Scott, in Ms. Currie's words, "to still pursue her coming back."⁽⁴⁸⁶⁾ Indeed, according to Ms. Currie, the President "was pushing us hard" on the matter.⁽⁴⁸⁷⁾ To the best of Ms. Currie's recollection, it was the only time the President instructed her to try to get someone a White House job.⁽⁴⁸⁸⁾

According to Ms. Lewinsky, the President told her to talk with Ms. Scott about a White House job in spring 1997.⁽⁴⁸⁹⁾ On June 16, she met with Ms. Scott.⁽⁴⁹⁰⁾ The meeting did not go as Ms. Lewinsky anticipated. She later recounted in an email message:

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

Ms. Lewinsky added that she was inclined "to walk away from it all," but acknowledged that "I'm always saying this and then I change my mind."⁽⁴⁹¹⁾

Though she characterized her recollection as "all jumbled," Ms. Scott corroborated much of Ms. Lewinsky's account.⁽⁴⁹²⁾ Ms. Scott said that at some point she did ask Ms. Lewinsky why she wanted to return to the White House.⁽⁴⁹³⁾ Ms. Scott also said that she was unaware of Ms. Lewinsky's job title before their meeting.⁽⁴⁹⁴⁾

Over the next three weeks, Ms. Lewinsky tried repeatedly, without success, to talk with the President about her job quest. In a draft of a letter to Ms. Currie, she wrote that the President "said to me that he had told [Ms. Scott] I had gotten a bum deal, and I should get a good job in the West Wing," but Ms. Scott did not seem eager to arrange for Ms. Lewinsky's return. Ms. Lewinsky wrote:

I was surprised that she would question his judgment and not just do what he asked of her. Is it possible that, in fact, he did not tell her that? Does he really not want me back in the complex? He has not responded to my note, nor has he called me. Do you know what is going on? If so, are you able to share it with me?⁽⁴⁹⁵⁾

Ms. Currie testified to "a vague recollection" of having seen this letter.⁽⁴⁹⁶⁾

On June 29, 1997, Ms. Lewinsky wrote several notes. In a draft letter to Ms. Scott, Ms. Lewinsky wrote that "our last conversation was very upsetting to me," and added:

Marsha, I was told that I could come back after the election. I knew why I had to leave last year by mid-April, and I have been beyond patient since then. I do not think it is fair to . . . be told by the person whom I was told would get me a job that there is nothing for me and she doesn't really hear about positions [in] the complex anyway. I know that in your eyes I am just a hindrance -- a woman who doesn't have a certain someone's best interests at heart, but please trust me when I say I do.⁽⁴⁹⁷⁾

Ms. Lewinsky also drafted a note to the President pleading for a brief meeting the following Tuesday. Referring to her inability to get in touch with him, she wrote: "Please do not do this to me. I feel disposable, used and insignificant. I understand your hands are tied, but I want to talk to you and look at some options."⁽⁴⁹⁸⁾ Around this time, Ms. Lewinsky told a friend that she was considering moving to another city or country.⁽⁴⁹⁹⁾

B. July 3 Letter

"[V]ery frustrated" over her inability to get in touch with the President to discuss her job situation, Ms. Lewinsky wrote him a peevish letter on July 3, 1997.⁽⁵⁰⁰⁾ Opening "Dear Sir," the letter took the President to task for breaking his promise to get her another White House job.⁽⁵⁰¹⁾ Ms. Lewinsky also obliquely threatened to disclose their relationship. If she was not going to return to work at the White House, she wrote, then she would "need to explain to my parents exactly why that wasn't happening." Some explanation was necessary because she had told her parents that she would be brought back after the election.⁽⁵⁰²⁾ (Ms. Lewinsky testified that she would not actually have told her father about the relationship -- she had already told her mother -- but she wanted to remind the President that she had "left the White House like a good girl in April of '96," whereas other people might have threatened disclosure in order to retain the job.⁽⁵⁰³⁾)

Ms. Lewinsky also raised the possibility of a job outside Washington. If returning to the White House was impossible, she asked in this letter, could he get her a job at the United Nations in New York?⁽⁵⁰⁴⁾ It was the first time that she had told the President that she was considering moving.⁽⁵⁰⁵⁾

Although not questioned about this particular letter, the President testified that he believed Ms. Lewinsky might disclose their intimate relationship once he stopped it. He testified:

After I terminated the improper contact with her, she wanted to come in more than she did. She got angry when she didn't get in sometimes. I knew that that might make her more likely to speak, and I still did it because I had to limit the contact.⁽⁵⁰⁶⁾

After receiving the July 3 letter, though, the President agreed to see Ms. Lewinsky. In her account, Ms. Currie called that afternoon and told her to come to the White House at 9 a.m. the next day.⁽⁵⁰⁷⁾

C. July 4 Meeting

On Friday, July 4, 1997, Ms. Lewinsky had what she characterized as a "very emotional" visit with the President.⁽⁵⁰⁸⁾ Records show that Ms. Lewinsky entered the White House at 8:51 a.m.; no exit time is recorded.⁽⁵⁰⁹⁾ Logs indicate that the President was in the Oval Office from 8:40 until after 11 a.m.⁽⁵¹⁰⁾

In Ms. Lewinsky's recollection, their meeting began contentiously, with the President scolding her: "[I]t's illegal to threaten the President of the United States."⁽⁵¹¹⁾ He then told her that he had not read her July 3 letter beyond the "Dear Sir" line; he surmised that it was threatening because Ms. Currie looked upset when she brought it to him. (Ms. Lewinsky suspected that he actually had read the whole thing.)⁽⁵¹²⁾ Ms. Lewinsky complained about his failure to get her a White House job after her long wait. Although the President claimed he wanted to be her friend, she said, he was not acting like it. Ms. Lewinsky began weeping, and the President hugged her. While they hugged, she spotted a gardener outside the study window, and they moved into the hallway by the bathroom.⁽⁵¹³⁾

There, the President was "the most affectionate with me he'd ever been," Ms. Lewinsky testified. He stroked her arm, toyed with her hair, kissed her on the neck, praised her intellect and beauty.⁽⁵¹⁴⁾ In Ms. Lewinsky's recollection:

[H]e remarked . . . that he wished he had more time for me. And so I said, well, maybe you will have more time in three years. And I was . . . thinking just when he wasn't President, he was going to have more time on his hands. And he said, well, I don't know, I might be alone in three years. And then I said something about . . . us sort of being together. I think I kind of said, oh, I think we'd be a good team, or something like that. And he . . . jokingly said, well, what are we going to do when I'm 75 and I have to pee 25 times a day? And . . . I told him that we'd deal with that. . . .⁽⁵¹⁵⁾

Ms. Lewinsky testified that "I left that day sort of emotionally stunned," for "I just knew he was in love with me."⁽⁵¹⁶⁾

Just before leaving, according to Ms. Lewinsky, she told the President "that I wanted to talk to him about something serious and that while I didn't want to be the one to talk about this with him, I thought it was important he know."⁽⁵¹⁷⁾ She informed him that Newsweek was working on an article about Kathleen Willey, a former White House volunteer who claimed that the President had sexually harassed her during a private meeting in the Oval Office on November 23, 1993. (Ms. Lewinsky knew of the article from Ms. Tripp, who had worked at the White House at the time of the alleged incident and had heard about the incident from Ms. Willey. Michael Isikoff of Newsweek had talked with Ms. Tripp about the episode in March 1997 and again shortly before July 4, and Ms. Tripp had subsequently related the Isikoff conversations to Ms. Lewinsky.⁽⁵¹⁸⁾) Ms. Lewinsky told the President what she had learned from Ms. Tripp (whom she did not name), including the fact that Ms. Tripp had tried to get in touch with Deputy White House Counsel Bruce Lindsey, who had not returned her calls.⁽⁵¹⁹⁾

Ms. Lewinsky testified about why she conveyed this information to the President: "I was concerned that the President had no idea this was going on and that this woman was going to be another Paula Jones and he didn't really need that."⁽⁵²⁰⁾ She understood that Ms. Willey was looking for a job, and she thought that the President might be able to "make this go away" by finding her a job.⁽⁵²¹⁾

The President responded that the harassment allegation was ludicrous, because he would never approach a small-breasted woman like Ms. Willey.⁽⁵²²⁾ He further said that, during the previous week, Ms. Willey had called Nancy Hernreich to warn that a reporter was working on a story about Ms. Willey and the President; Ms. Willey wondered how she could get out of it.⁽⁵²³⁾

According to Ms. Lewinsky, the President had no telephone calls during her time with him. At 10:19 a.m., probably after her departure (her exit time is not shown on logs), he placed two calls, both potentially follow-ups to the conversation about the Newsweek article. First, he spoke with Bruce Lindsey for three minutes, then with Nancy Hernreich for 11 minutes.⁽⁵²⁴⁾

D. July 14-15 Discussions of Linda Tripp

On the evening of Monday, July 14, 1997, just after Ms. Lewinsky had returned from an overseas trip, the President had her come to the White House to discuss Linda Tripp and Newsweek.⁽⁵²⁵⁾ Ms. Lewinsky entered the White House at 9:34 p.m. and exited at 11:22 p.m.⁽⁵²⁶⁾ The President was in the Oval Office area from 9:28 to 11:25 p.m.⁽⁵²⁷⁾

Ms. Lewinsky testified that, at around 7:30 p.m. that evening, Ms. Currie telephoned and said that the President wanted to talk to her or see her. At about 8:30 or 9:00 p.m., Ms. Currie called again and asked Ms. Lewinsky to come to the White House.⁽⁵²⁸⁾

Ms. Lewinsky testified that the President met her in Ms. Currie's office, then took her into Ms. Hernreich's office.⁽⁵²⁹⁾ (Records show that seven minutes after Ms. Lewinsky's entry to the White House complex, the President left the Oval Office for the appointment secretary's office.)⁽⁵³⁰⁾ According to Ms. Lewinsky:

It was an unusual meeting . . . . It was very distant and very cold. . . . [A]t one point he asked me if the woman that I had mentioned on July 4th was Linda Tripp. And I hesitated and then answered yes, and he talked about that there was some issue . . . to do with Kathleen Willey and that, as he called it, that there was something on the Sludge Report, that there had been some information.⁽⁵³¹⁾

The President told Ms. Lewinsky that Ms. Willey had called the White House again, this time to report that Mr. Isikoff somehow knew of her earlier White House call.⁽⁵³²⁾ The President wondered if Ms. Lewinsky had mentioned the Willey call to Ms. Tripp, who in turn might have told Mr. Isikoff. Ms. Lewinsky acknowledged that she had done so. Ms. Lewinsky testified: "[H]e was concerned about Linda, and I reassured him. He asked me if I trusted her, and I said yes."⁽⁵³³⁾ The President asked Ms. Lewinsky to try to persuade Ms. Tripp to call Mr. Lindsey.⁽⁵³⁴⁾ The President, according to Ms. Lewinsky, also asked if she had confided anything about their relationship to Ms. Tripp. Ms. Lewinsky said (falsely) that she had not.⁽⁵³⁵⁾

The President left to participate in a conference call, which Ms. Lewinsky understood was with his attorneys, while Ms. Lewinsky sat with Ms. Currie.⁽⁵³⁶⁾ According to White House records, at 10:03 p.m. the President participated in a 51-minute conference call with Robert Bennett, his private attorney in the Jones case, and Charles Ruff, White House Counsel. Immediately after completing that call, the President had a six-minute phone conversation with Bruce Lindsey.⁽⁵³⁷⁾

Afterward, the President returned and told Ms. Lewinsky, in her recollection, to notify Ms. Currie the following day, "without getting into details with her, even mentioning names with her," whether Ms. Lewinsky had "'mission-accomplished' . . . with Linda."⁽⁵³⁸⁾

The next day, according to Ms. Lewinsky, she did talk with Ms. Tripp, then called Ms. Currie and said she needed to talk with the President. He called her that evening. She told him "that I had tried to talk to Linda and that she didn't seem very receptive to trying to get in touch with Bruce Lindsey again, but that I would continue to try."⁽⁵³⁹⁾ The President was in a sour mood, according to Ms. Lewinsky, and their conversation was brief.⁽⁵⁴⁰⁾

E. July 16 Meeting with Marsha Scott

On July 16, 1997, Ms. Lewinsky met again with Ms. Scott about returning to the White House.⁽⁵⁴¹⁾ Ms. Scott said she would try to detail Ms. Lewinsky from the Pentagon to Ms. Scott's office on a temporary basis, according to Ms. Lewinsky.⁽⁵⁴²⁾ In that way, Ms. Scott said, Ms. Lewinsky could prove herself. Ms. Scott also said that "they had to be careful and protect [the President]."⁽⁵⁴³⁾ Both Ms. Scott and Ms. Currie confirmed that Ms. Scott talked with Ms. Lewinsky about the possibility of being detailed to work at the White House.⁽⁵⁴⁴⁾ Ms. Scott testified that she tried to arrange the detail on her own, without any direction from the President; Ms. Currie, however, testified that the President instructed her and Ms. Scott to try to get Ms. Lewinsky a job.⁽⁵⁴⁵⁾

F. July 24 Meeting

On Thursday, July 24, 1997, the day after her 24th birthday, Ms. Lewinsky visited the White House from 6:04 to 6:26 p.m., admitted by Ms. Currie.⁽⁵⁴⁶⁾ The President was in the Oval Office when she arrived; he moved to the study at 6:14 p.m. and remained there until her departure.⁽⁵⁴⁷⁾ He had no telephone calls during Ms. Lewinsky's visit.⁽⁵⁴⁸⁾

According to Ms. Lewinsky, she went to the White House to pick up a photograph from Ms. Currie, who said the President might be available for a quick meeting. Ms. Currie put Ms. Lewinsky in the Cabinet Room while the President finished another meeting, then took her to see him. They chatted for five to ten minutes, and the President gave Ms. Lewinsky, as a birthday present, an antique pin.⁽⁵⁴⁹⁾

G. Newsweek Article and Its Aftermath

Newsweek published the Kathleen Willey story in its August 11, 1997, edition (which appeared a week before the cover date). The article quoted Ms. Tripp as saying that Ms. Willey, after leaving the Oval Office on the day of the President's alleged advances, looked "disheveled," "flustered, happy, and joyful." The article also quoted Robert Bennett as saying that Ms. Tripp was "not to be believed."⁽⁵⁵⁰⁾

After the article appeared, Ms. Tripp wrote a letter to Newsweek charging that she had been misquoted, but the magazine did not publish it.⁽⁵⁵¹⁾ Ms. Lewinsky subsequently told the President about Ms. Tripp's letter. He replied, Ms. Lewinsky said in a recorded conversation, "Well, that's good because it sure seemed like she screwed me from that article."⁽⁵⁵²⁾

H. August 16 Meeting

On Saturday, August 16, 1997, Ms. Lewinsky tried, unsuccessfully, to resume her sexual relationship with the President. She visited the White House on that day from 9:02 to 10:20 a.m.⁽⁵⁵³⁾ The President moved from the Residence to the Oval Office at 9:20 a.m. and remained in the Oval Office until 10:03 a.m.⁽⁵⁵⁴⁾ After a one-minute call to Betty Currie at her desk at 9:18 a.m., evidently from the Residence, the President had no calls while Ms. Lewinsky was at the White House.⁽⁵⁵⁵⁾ The next day he left for a vacation on Martha's Vineyard.⁽⁵⁵⁶⁾

Ms. Lewinsky testified that she brought birthday gifts for the President (his birthday is August 19):

I had set up in his back office, I had brought an apple square and put a candle and had put his birthday presents out. And after he came back in and I sang happy birthday and he got his presents, I asked him . . . if we could share a birthday kiss in honor of our birthdays, because mine had been just a few weeks before. So, he said that that was okay and we could kind of bend the rules that day. And so . . . we kissed.⁽⁵⁵⁷⁾

Ms. Lewinsky touched the President's genitals through his pants and moved to perform oral sex, but the President rebuffed her.⁽⁵⁵⁸⁾ In her recollection: "[H]e said, I'm trying not to do this and I'm trying to be good. . . . [H]e got visibly upset. And so . . . I hugged him and I told him I was sorry and not to be upset."⁽⁵⁵⁹⁾ Later, in a draft note to "Handsome," Ms. Lewinsky referred to this visit: "It was awful when I saw you for your birthday in August. You were so distant that I missed you as I was holding you in my arms."⁽⁵⁶⁰⁾

I. Continuing Job Efforts

Ms. Lewinsky and Ms. Scott talked by phone on September 3, 1997, for 47 minutes.⁽⁵⁶¹⁾ According to notes that Ms. Lewinsky wrote to two friends, Ms. Scott told her that the detail slot in her office had been eliminated.⁽⁵⁶²⁾ Ms. Lewinsky told one friend:

So for now, there isn't any place for me to be detailed. So I should be PATIENT. I told her I was very upset and disappointed (even though I really didn't want to work for her) and then she and I got into it. She didn't understand why I wanted to come back when there were still people there who would give me a hard time and that it isn't the right political climate for me to come back. . . . She asked me why I kept pushing the envelope on coming back there -- after all, I had the experience of being there already. So it's over. I don't know what I will do now but I can't wait any more and I can't go through all of this crap anymore. In some ways I hope I never hear from him again because he'll just lead me on because he doesn't have the balls to tell me the truth.⁽⁵⁶³⁾

Ms. Scott testified that "[t]he gist" of Ms. Lewinsky's email message describing the conversation "fits with what I remember telling her."⁽⁵⁶⁴⁾

Ms. Lewinsky expressed her escalating frustration in a note to the President that she drafted (but did not send).⁽⁵⁶⁵⁾ She wrote:

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

Ms. Lewinsky went on to discuss other women rumored to be involved with the President who enjoy "golden positions," above criticism, "because they have your approval." She continued: "I just loved you -- wanted to spend time with you, kiss you, listen to you laugh -- and I wanted you to love me back." She closed: "As I said in my last letter to you I've waited long enough. You and Marsha win. I give up. You let me down, but I

shouldn't have trusted you in the first place.⁽⁵⁶⁶⁾

Ms. Lewinsky continued trying to discuss her situation with the President. On Friday, September 12, 1997, she arrived at the White House without an appointment, called Ms. Currie, and had a long wait at the gate. When Ms. Currie came to meet her, Ms. Lewinsky was crying. Ms. Currie explained that sometimes the President's hands are tied -- but, she said, she had gotten his authorization to ask John Podesta, the Deputy Chief of Staff, to help Ms. Lewinsky return to work at the White House.⁽⁵⁶⁷⁾

J. Black Dog Gifts

Before the President had left for vacation, Ms. Lewinsky had sent a note asking if he could bring her a T-shirt from the Black Dog, a popular Vineyard restaurant.⁽⁵⁶⁸⁾ In early September, Ms. Currie gave several Black Dog items to Ms. Lewinsky.⁽⁵⁶⁹⁾ In an email message to Catherine Davis, Ms. Lewinsky wrote: "Well, I found out from Betty yesterday that he not only brought me a t-shirt, he got me 2 t-shirts, a hat and a dress!!!! Even though he's a big schmuck, that is surprisingly sweet -- even that he remembered!"⁽⁵⁷⁰⁾

K. Lucy Mercer Letter and Involvement of Chief of Staff

A letter dated September 30, 1997, styled as an official memo, was found in Ms. Lewinsky's apartment. According to Ms. Lewinsky, she sent this letter or a similar one to the President.⁽⁵⁷²⁾ Addressed to "Handsome" and bearing the subject line "The New Deal," the faux memo proposed a visit that evening after "everyone else goes home." Ms. Lewinsky wrote: "You will show me that you will let me visit you sans a crisis, and I will be on my best behavior and not stressed out when I come (to see you, that is)." She closed with an allusion to a woman rumored to have been involved with an earlier President: "Oh, and Handsome, remember FDR would never have turned down a visit with Lucy Mercer!"⁽⁵⁷³⁾

Ms. Lewinsky did not visit the White House the night of September 30, but the President called her late the night of September 30 or October 1.⁽⁵⁷⁴⁾ According to Ms. Lewinsky, he may have mentioned during this call that he would get Erskine Bowles to help her find a White House job.⁽⁵⁷⁵⁾

At around this time, the President did ask the White House Chief of Staff to help in the job search. Mr. Bowles testified about a conversation with the President in the Oval Office: "He told me that there was a young woman -- her name was Monica Lewinsky -- who used to work at the White House; that Evelyn . . . thought she hung around the Oval Office too much and transferred her to the Pentagon."⁽⁵⁷⁶⁾ The President asked Mr. Bowles to try to find Ms. Lewinsky a job in the Old Executive Office Building.⁽⁵⁷⁷⁾ Mr. Bowles assigned his deputy, John Podesta, to handle it.⁽⁵⁷⁸⁾

L. News of Job Search Failure

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

Linda Tripp called me at work on October 6th and told me that her friend Kate in the NSC . . . had heard rumors about me and that I would never work in the White House again . . . . [Kate's] advice to me was "get out of town."⁽⁵⁷⁹⁾

For Ms. Lewinsky, who had previously considered moving to New York, this call was the "straw that broke the camel's back."⁽⁵⁸⁰⁾ She was enraged.⁽⁵⁸¹⁾

In a note she drafted (but did not send), Ms. Lewinsky expressed her frustration. She wrote:

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

She went on to relate that she had heard second-hand from a White House employee "that I was 'after the President' and would never be allowed to work [in] the complex." Ms. Lewinsky said she could only conclude "that all you have promised me is an empty promise. . . . I am once again totally humiliated. It is very clear that there is no way I am going to be brought back." She closed the note: "I will never do anything to hurt you. I am simply not that kind of person. Moreover, I love you."⁽⁵⁸²⁾

When terminating their sexual relationship on May 24, the President had told Ms. Lewinsky that he hoped they would remain friends, for he could do a great deal for her.⁽⁵⁸³⁾ Now, having learned that he could not (or would not) get her a White House job, Ms. Lewinsky decided to ask him for a job in New York, perhaps at the United Nations -- a possibility that she had mentioned to him in passing over the summer. On the afternoon of October 6, Ms. Lewinsky spoke of this plan to Ms. Currie, who quoted the President as having said earlier: "Oh, that's no problem. We can place her in the UN like that."⁽⁵⁸⁴⁾

In a recorded conversation later on October 6, Ms. Lewinsky said she wanted two things from the President. The first was contrition: He needed to "acknowledge . . . that he helped fuck up my life."⁽⁵⁸⁵⁾ The second was a job, one that she could obtain without much effort: "I don't want to have to work for this position . . . . I just want it to be given to me."⁽⁵⁸⁶⁾ Ms. Lewinsky decided to write the President a note proposing that the two of them "get together and work on some way that I can come out of this situation not feeling the way I do."⁽⁵⁸⁷⁾ After composing the letter, she said: "I want him to feel a little guilty, and I hope that this letter did that."⁽⁵⁸⁸⁾

In this letter, which was sent via courier on October 7, Ms. Lewinsky said she understood that she would never be given a White House job, and she asked for a prompt meeting to discuss her job situation.⁽⁵⁸⁹⁾ She went on to advance a specific request:

I'd like to ask you to help me secure a position in NY beginning 1 December. I would be very grateful, and I am hoping this is a solution for both of us. I want you to know that it has always been and remains more important to me to have you in my life than to come back. . . . Please don't let me down.⁽⁵⁹⁰⁾

IX. October-November 1997:

United Nations' Job Offer

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

A. October 10: Telephone Conversation

According to Ms. Lewinsky, the President telephoned her at approximately 2:00 to 2:30 a.m. on Friday, October 10.⁽⁵⁹¹⁾ They spent much of the hour-and-a-half call arguing. "[H]e got so mad at me, he must have been purple," she later recalled.⁽⁵⁹²⁾

According to Ms. Lewinsky, the President said: "If I had known what kind of person you really were, I wouldn't have gotten involved with you."⁽⁵⁹³⁾ He reminded Ms. Lewinsky that she had earlier promised, "[i]f you just want to stop doing this, I'll

. . . be no trouble."⁽⁵⁹⁴⁾ Ms. Lewinsky said she challenged the President: "[T]ell me . . . when I've caused you trouble."⁽⁵⁹⁵⁾ The President responded, "I've never worried about you. I've never been worried you would do something to hurt me."⁽⁵⁹⁶⁾

When the conversation shifted to her job search, Ms. Lewinsky complained that the President had not done enough to help her. He responded that, on the contrary, he was eager to help.⁽⁵⁹⁷⁾ The President said that he regretted Ms. Lewinsky's transfer to the Pentagon and assured her that he would not have permitted it had he foreseen the difficulty in returning her to the White House.⁽⁵⁹⁸⁾ Ms. Lewinsky told him that she wanted a job in New York by the end of October, and the President promised to do what he could.⁽⁵⁹⁹⁾

B. October 11 Meeting

At approximately 8:30 a.m. on Saturday, October 11, according to Ms. Lewinsky, Ms. Currie called and told her that the President wished to see her.⁽⁶⁰⁰⁾ Ms. Lewinsky entered the White House at 9:36 a.m. and departed at 10:54 a.m.⁽⁶⁰¹⁾ The President entered the Oval Office at 9:52 a.m.⁽⁶⁰²⁾

Ms. Lewinsky met with the President in the study, and they discussed her job search.⁽⁶⁰³⁾ Ms. Lewinsky told the President that she wanted to pursue jobs in the private sector, and he told her to prepare a list of New York companies that interested her.⁽⁶⁰⁴⁾ Ms. Lewinsky asked the President whether Vernon Jordan, a well-known Washington attorney who she knew was a close friend of the President and had many business contacts, might help her find a job.⁽⁶⁰⁵⁾ According to Ms. Lewinsky, the President was receptive to the idea.⁽⁶⁰⁶⁾

In a recorded conversation, Ms. Lewinsky said that, at the end of the October 11 meeting, she and the President joined Ms. Currie in the Oval Office. The President grabbed Ms. Lewinsky's arm and kissed her on the forehead.⁽⁶⁰⁷⁾ He told her: "I talked to Erskine [Bowles] about . . . trying to get John Hilley to give you . . . a good recommendation for your work here."⁽⁶⁰⁸⁾

Later, Ms. Lewinsky and Ms. Tripp discussed their concerns about the President's involvement in Ms. Lewinsky's job search. Specifically, Ms. Lewinsky was nervous about involving the President's Chief of Staff:

Ms. Lewinsky: Well, see, I don't really think -- I'm going to tell him that I don't think Erskine should have anything to do with this. I don't think anybody who works there should.

Ms. Tripp: I don't see how that's -- how that's a problem.

Ms. Lewinsky: Because look at what happened with Webb Hubbell.⁽⁶⁰⁹⁾

Ms. Lewinsky preferred that Vernon Jordan assist her in her job search:

Ms. Tripp: Well, I don't remember during the Webb Hubbell thing, was Vernon mentioned?

Ms. Lewinsky: Yeah, but there's a big difference. I think somebody could construe, okay? Somebody could construe or say, "Well, they gave her a job to shut her up. They made her happy. . . . And he [Mr. Bowles] works for the government and shouldn't have done that." And with the other one [Mr. Jordan] you can't say that.⁽⁶¹⁰⁾

C. October 16-17: The "Wish List"

On October 16, Ms. Lewinsky sent the President a packet, which included what she called a "wish list" describing the types of jobs that interested her in New York City.⁽⁶¹¹⁾ The note began: My dream had been to work in Communications or Strategic Planning at the White House. I am open to any suggestions that you may have on work that is similar to that or may intrigue me. The most important things to me are that I am engaged and interested in my work, I am not someone's administrative/ executive assistant, and my salary can provide me a comfortable living in NY.⁽⁶¹²⁾

She identified five public relations firms where she would like to work.⁽⁶¹³⁾ Ms. Lewinsky concluded by saying of the United Nations:

I do not have any interest in working there. As a result of what happened in April '96, I have already spent a year and a half at an agency in which I have no interest. I want a job where I feel challenged, engaged, and interested. I don't think the UN is the right place for me.⁽⁶¹⁴⁾

In a recorded conversation, Ms. Lewinsky said she wanted the President to take her list seriously and not ask her to settle for a U.N. job.⁽⁶¹⁵⁾ She said she hoped "that if he starts to pick a bone with me and the U.N., he sure as hell doesn't do it on the phone. . . . I don't want to start getting into a screaming match with him on the phone."⁽⁶¹⁶⁾

In addition to the "wish list," Ms. Lewinsky said she enclosed in the packet a pair of sunglasses and "a lot of things in a little envelope," including some jokes, a card, and a postcard.⁽⁶¹⁷⁾ She said that she had written on the card: "Wasn't I right that my hugs are better in person than in cards?"⁽⁶¹⁸⁾ The postcard featured a "very erotic" Egon Schiele painting.⁽⁶¹⁹⁾ Ms. Lewinsky also enclosed a note with her thoughts on education reform.⁽⁶²⁰⁾

Ms. Lewinsky testified that she felt that the President owed her a job for several reasons: Her relationship with him was the reason she had been transferred out of the White House; he had promised her a job and so far had done nothing to help her find one; and she had left the White House "quietly," without making an issue of her relationship with the President.⁽⁶²³⁾

D. The President Creates Options

At some point around this time in the fall of 1997, Ms. Currie asked John Podesta, the Deputy Chief of Staff, to help Ms. Lewinsky find a job in New York.⁽⁶²⁴⁾ Mr. Podesta testified that, during a Presidential trip to Latin America, he approached then-U.N. Ambassador William Richardson while aboard Air Force One and asked the Ambassador to consider a former White House intern for a position at the U.N.⁽⁶²⁶⁾ At the time, Mr. Podesta could not recall the intern's name.⁽⁶²⁷⁾ Ambassador Richardson and the President both testified that they never discussed Ms. Lewinsky with each other.⁽⁶²⁸⁾

Ambassador Richardson returned from Latin America on Sunday, October 19.⁽⁶²⁹⁾ Within a few days, his Executive Assistant, Isabelle Watkins, called Mr. Podesta's secretary and asked whether "she knew anything about a resume that John was going to send us."⁽⁶³⁰⁾ Mr. Podesta's secretary knew nothing about it and asked Mr. Podesta what to do; he instructed her to call Ms. Currie.⁽⁶³¹⁾ At 3:09 p.m. on October 21, Ms. Currie faxed Ms. Lewinsky's resume to the United Nations.⁽⁶³²⁾

At 7:01 p.m., a six-minute call was placed to Ms. Lewinsky's apartment from a U.N. telephone number identified in State Department records as "Ambassador Richardson's line."⁽⁶³³⁾ Ms. Lewinsky testified that she spoke to Ambassador Richardson. A woman called, Ms. Lewinsky testified, and said, "[H]old for Ambassador Richardson."⁽⁶³⁴⁾ Then the Ambassador himself came on the line: "I remember, because I was shocked and I was . . . very nervous."⁽⁶³⁵⁾ The purpose of the call was to schedule a job interview at a Watergate apartment the following week.⁽⁶³⁶⁾ At odds with Ms. Lewinsky, the Ambassador and Ms. Watkins both testified that Ms. Watkins, not the Ambassador, spoke with Ms. Lewinsky.⁽⁶³⁷⁾

A few days later, according to Ms. Lewinsky, the President called her. She had been upset because no one at the White House had prepared her for the Ambassador's recent call and because she did not want the White House to railroad her into taking the U.N. job.⁽⁶³⁸⁾ She reiterated that she was eager to pursue other opportunities, especially in the private sector.⁽⁶³⁹⁾ The President reassured her, promising that a U.N. position was just one of many options.⁽⁶⁴⁰⁾

Ms. Lewinsky spoke to the President again one week later. Ms. Lewinsky testified that she told Ms. Currie to ask the President to call her to assuage her nervousness before the U.N. interview.⁽⁶⁴¹⁾

According to Ms. Lewinsky, on October 30, the night before the interview, the President did call. She characterized the conversation as a "pep talk": "[H]e was trying to kind of build my confidence and reassure me."⁽⁶⁴²⁾ The President told her to call Ms. Currie after the interview.⁽⁶⁴⁴⁾ In his Jones deposition, the President indicated that he learned of her interview with Ambassador Richardson not from Ms. Lewinsky herself but from Ms. Currie.⁽⁶⁴⁵⁾

E. The U.N. Interview and Job Offer

On Friday morning, October 31, Ambassador Richardson and two of his assistants, Mona Sutphen and Rebecca Cooper, interviewed Ms. Lewinsky at the Watergate.⁽⁶⁴⁶⁾ According to Ambassador Richardson, he "listen[ed] while Mona and Rebecca were interviewing her."⁽⁶⁴⁷⁾ Neither Ambassador Richardson nor any of his staff made inquiries, before or after the interview, about Ms. Lewinsky's prior work performance.⁽⁶⁴⁸⁾

On Sunday, November 2, Ms. Lewinsky drafted a letter to Ms. Currie asking what to do in the event she received an offer from the U.N.⁽⁶⁴⁹⁾ She wrote:

I became a bit nervous this weekend when I realized that Amb. Richardson said his staff would be in touch with me this week. As you know, the UN is supposed to be my back-up, but because VJ [Vernon Jordan] has been out of town, this is my only option right now. What should I say to Richardson's people this week when they call?⁽⁶⁵⁰⁾

Ms. Lewinsky asked Ms. Currie to speak to the President about her problem: "If you feel it's appropriate, maybe you could ask 'the big guy' what he wants me to do. Ahhhhh . . . anxiety!!!!!"⁽⁶⁵¹⁾ Ms. Lewinsky also mentioned the President's promise to involve Vernon Jordan in her job search:

I don't think I told you that in my conversation last Thursday night with him that he said that he would ask you to set up a meeting between VJ and myself, once VJ got back. I assume he'll mention this to you at some point -- hopefully sooner rather than later!⁽⁶⁵²⁾

Before Ms. Lewinsky sent this letter, in her recollection, she received an offer from the U.N.⁽⁶⁵³⁾ Phone records reflect that, at 11:02 a.m. on November 3, a three-minute call was placed to Ms. Lewinsky from the U.N. line identified in State Department records as Ambassador Richardson's.⁽⁶⁵⁴⁾ Ms. Lewinsky stated that she believes she spoke to Ambassador Richardson, who extended her a job offer.⁽⁶⁵⁵⁾

According to his assistant, Ambassador Richardson made the decision to hire Ms. Lewinsky. Ms. Sutphen testified:

I said, are you sure; and he said, yeah, yeah, I'm sure, why. And I said . . . are you sure, though you don't want to talk to anyone else . . . . And he said, no, no, I think it's fine; why don't you go ahead and give her an offer?⁽⁶⁵⁶⁾

Ambassador Richardson and Ms. Sutphen both testified that Ms. Sutphen, not the Ambassador, extended the job offer to Ms. Lewinsky. They recalled that the offer was made a week or 10 days after the interview, though Ms. Sutphen, when shown the phone records, testified that the November 3 call to Ms. Lewinsky probably was the job offer.⁽⁶⁵⁷⁾

Ms. Lewinsky testified that she told Ms. Currie about the offer and she probably also told the President directly.⁽⁶⁵⁸⁾ Ms. Currie first testified that she had "probably" told the President about Ms. Lewinsky's U.N. offer, then testified that she had in fact told him, then testified that she could not remember, though she acknowledged that the President was interested in Ms. Lewinsky's getting a job.⁽⁶⁵⁹⁾

When the President was asked in the Jones deposition whether he knew that Ms. Lewinsky had received the offer of a job at the U.N., he testified: "I know that she interviewed for one. I don't know if she was offered one or not."⁽⁶⁶⁰⁾

F. The U.N. Job Offer Declined

Three weeks after she received an offer, on November 24, Ms. Lewinsky called Ms. Sutphen and asked for more time to consider the offer because she wanted to pursue possibilities in the private sector.⁽⁶⁶¹⁾ Ms. Sutphen told Ambassador Richardson, who, according to Ms. Sutphen, said the delay would be fine.⁽⁶⁶²⁾ Over a month later, on January 5, 1998, Ms. Lewinsky finally turned down the job.⁽⁶⁶³⁾

X. November 1997: Growing Frustration

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

A. Interrogatories Answered

On November 3, 1997, the President answered Paula Jones's Second Set of Interrogatories. Two of those interrogatories asked the President to list any woman other than his wife with whom he had "had," "proposed having," or "sought to have" sexual relations during the time that he was Attorney General of Arkansas, Governor of Arkansas, and President of the United States.⁽⁶⁶⁴⁾ President Clinton objected to the scope and relevance of both interrogatories and refused to answer them.⁽⁶⁶⁵⁾

B. First Vernon Jordan Meeting

In mid-October, the President had agreed to involve Vernon Jordan in Ms. Lewinsky's job search.⁽⁶⁶⁶⁾ In a draft letter to Ms. Currie dated November 2, Ms. Lewinsky wrote that the President had "said he would ask you to set up a meeting between VJ and myself."⁽⁶⁶⁷⁾ According to Ms. Lewinsky, on November 3 or November 4, Ms. Currie told her to call Vernon Jordan's secretary to arrange a meeting.⁽⁶⁶⁸⁾ Ms. Currie said she had spoken with Mr. Jordan and he was expecting Ms. Lewinsky's call.⁽⁶⁶⁹⁾ In Ms. Lewinsky's account, Ms. Currie sought Mr. Jordan's aid at the President's direction.⁽⁶⁷⁰⁾ Mr. Jordan likewise testified that, in his understanding, the President was behind Ms. Currie's request.⁽⁶⁷¹⁾

Ms. Currie testified at various points that she contacted Mr. Jordan on her own initiative; that the President "probably" talked with her about Ms. Lewinsky's New York job hunt; and that she could not recall whether the President was involved.⁽⁶⁷²⁾ In his Jones deposition, the President was asked whether he did anything to facilitate a meeting between Mr. Jordan and Ms. Lewinsky. He testified:

I can tell you what my memory is. My memory is that Vernon said something to me about her coming in, Betty had called and asked if he [Mr. Jordan] would see her [Ms. Lewinsky]. . . . I'm sure if he said something to me about it I said something positive about it. I wouldn't have said anything negative about it.⁽⁶⁷³⁾

When pressed, the President testified that he did not think that he was the "precipitating force" in arranging the meeting between Mr. Jordan and Ms. Lewinsky.⁽⁶⁷⁴⁾

At 8:50 a.m. on November 5, Mr. Jordan spoke with the President by telephone for five minutes.⁽⁶⁷⁵⁾ Later that morning, Mr. Jordan and Ms. Lewinsky met in his office for about twenty minutes.⁽⁶⁷⁶⁾ She told him that she intended to move to New York, and she named several companies where she hoped to work.⁽⁶⁷⁷⁾ She showed him the "wish list" that she had sent the President on October 16.⁽⁶⁷⁸⁾ Mr. Jordan said that he had spoken with the President about her and that she came "highly recommended."⁽⁶⁷⁹⁾ Concerning her job search, Mr. Jordan said: "We're in business."⁽⁶⁸¹⁾

In the course of the day, Mr. Jordan placed four calls to Ms. Hernreich (whom he acknowledged calling when he wished to speak to the President⁽⁶⁸²⁾) and one to Ms. Currie.⁽⁶⁸³⁾ Mr. Jordan testified that he could not remember the calls, but "[i]t is entirely possible" that they concerned Monica Lewinsky.⁽⁶⁸⁴⁾

Mr. Jordan also visited the White House and met with the President at 2:00 p.m. that day.⁽⁶⁸⁵⁾ Again, Mr. Jordan testified that he had "no recollection" of the substance of his conversation with the President.⁽⁶⁸⁶⁾

On November 6, the day after meeting with Mr. Jordan, Ms. Lewinsky wrote him a thank-you letter: "It made me happy to know that our friend has such a wonderful confidant in you."⁽⁶⁸⁷⁾ Also on November 6, Ms. Lewinsky wrote in an email to a friend that she expected to hear from Mr. Jordan "later next week."⁽⁶⁸⁸⁾ The evidence indicates, though, that Mr. Jordan took no steps to help Ms. Lewinsky until early December, after she appeared on the witness list in the Jones case.

Mr. Jordan initially testified that he had "no recollection of having met with Ms. Lewinsky on November 5."⁽⁶⁸⁹⁾ When shown documentary evidence demonstrating that his first meeting with Ms. Lewinsky occurred in early November, he acknowledged that an early November meeting was "entirely possible."⁽⁶⁹⁰⁾ Mr. Jordan's failure to remember his November meeting with Ms. Lewinsky may indicate the low priority he attached to it at the time.

C. November 13: The Zedillo Visit

On Thursday, November 13, while Ernesto Zedillo, the President of Mexico, was in the White House, Ms. Lewinsky met very briefly with President Clinton in the private study.⁽⁶⁹¹⁾ Ms. Lewinsky's visit, which she described in an email as a "hysterical escapade," was the culmination of days of phone calls and notes to Ms. Currie and the President.⁽⁶⁹²⁾

Over the course of the week that preceded November 13, Ms. Lewinsky made several attempts to arrange a visit with the President. On Monday, November 10, in addition to making frequent calls to Ms. Currie, she sent the President a note asking for a meeting.⁽⁶⁹³⁾

She hoped to see him on Tuesday, November 11 (Veterans Day), but he did not respond.⁽⁶⁹⁴⁾ By courier,⁽⁶⁹⁵⁾ she sent the President another note:

I asked you three weeks ago to please be sensitive to what I am going through right now and to keep in contact with me, and yet I'm still left writing notes in vain. I am not a moron. I know that what is going on in the world takes precedence, but I don't think what I have asked you for is unreasonable.⁽⁶⁹⁶⁾

She added: "This is so hard for me. I am trying to deal with so much emotionally, and I have nobody to talk to about it. I need you right now not as president, but as a man. PLEASE be my friend."⁽⁶⁹⁷⁾

That evening, November 12, according to Ms. Lewinsky, the President called and invited her to the White House the following day.⁽⁶⁹⁸⁾ In an email to a friend, Ms. Lewinsky wrote that she and the President "talked for almost an hour."⁽⁶⁹⁹⁾ She added: "[H]e thought [N]ancy [Hernreich] (one of the meanies) would be out for a few hours on Thursday and I could come see him then."⁽⁷⁰⁰⁾

The following morning, November 13, Ms. Lewinsky tried to arrange a visit with the President. She called repeatedly but suspected that Ms. Currie was not telling the President of her calls.⁽⁷⁰¹⁾ Around noon, Ms. Currie told Ms. Lewinsky that the President had left to play golf. Ms. Lewinsky, in her own words, "went ballistic."⁽⁷⁰²⁾

After the President returned from the Army-Navy Golf Course in the late afternoon, Ms. Lewinsky told Ms. Currie that she was coming to the White House to give him some gifts.⁽⁷⁰³⁾ Ms. Currie suggested that Ms. Lewinsky wait in Ms. Currie's car in the White House parking lot. Ms. Lewinsky went to the White House only to find that the doors to Ms. Currie's car were locked. Ms. Lewinsky waited in the rain.⁽⁷⁰⁴⁾

Ms. Currie eventually met her in the parking lot, and, in Ms. Lewinsky's words, they made a "bee-line" into the White House, sneaking up the back stairs to avoid other White House employees, particularly Presidential aide Stephen Goodin.⁽⁷⁰⁵⁾ Ms. Lewinsky left two small gifts for the President with Ms. Currie, then waited alone for about half an hour in the Oval Office study.⁽⁷⁰⁶⁾ In the study, Ms. Lewinsky saw several gifts she had given the President, including Oy Vey! The Things They Say: A Guide to Jewish Wit, Nicholson Baker's novel Vox, and a letter opener decorated with a frog.⁽⁷⁰⁷⁾

The President finally joined Ms. Lewinsky in the study, where they were alone for only a minute or two.⁽⁷⁰⁸⁾ Ms. Lewinsky gave him an antique paperweight in the shape of the White House.⁽⁷⁰⁹⁾ She also showed him an email describing the effect of chewing Altoid mints before performing oral sex. Ms. Lewinsky was chewing Altoids at the time, but the President replied that he did not have enough time for oral sex.⁽⁷¹⁰⁾ They kissed, and the President rushed off for a State Dinner with President Zedillo.⁽⁷¹¹⁾

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

After this brief November 13 meeting, Ms. Lewinsky did not see the President again until the first week in December. Hoping to arrange a longer rendezvous, she sent the President several notes, as well as a cassette on which she recorded a message.⁽⁷¹²⁾

Along with her chagrin over not seeing the President, Ms. Lewinsky was frustrated that her job search had apparently stalled. A few days before Thanksgiving, she complained to Ms. Currie that she had not heard from Mr. Jordan.⁽⁷¹³⁾ Ms. Currie arranged for her to speak with him "before Thanksgiving," while Ms. Lewinsky was in Los Angeles. Mr. Jordan told her to call him the following week to arrange another meeting.⁽⁷¹⁴⁾

In draft letters to the President, which were recovered from her Pentagon computer, Ms. Lewinsky reflected on the change in their relationship: "[B]oth professionally and personally, . . . our personal relationship changing has caused me more pain. Do you realize that?"⁽⁷¹⁵⁾ She asked for the President's understanding: "I don't want you to think that I am not grateful for what you are doing for me now -- I'd probably be in a mental institute without it -- but I am consumed with this disappointment, frustration, and anger." Ms. Lewinsky rued the brevity of her November 13 visit with the President: "All you . . . . ever have to do to pacify me is see me and hold me," she wrote. "Maybe that's asking too much."⁽⁷¹⁶⁾

XI. December 5-18, 1997:

The Witness List and Job Search

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

A. December 5: The Witness List

On Friday December 5, 1997, attorneys for Paula Jones identified Ms. Lewinsky as a potential witness in Ms. Jones's sexual harassment case.⁽⁷¹⁷⁾ At 5:40 p.m., they faxed their witness list to the President's attorney, Robert Bennett.⁽⁷¹⁸⁾ Ms. Lewinsky, however, would not learn of her potential involvement in the Jones case for twelve more days, when the President informed her.⁽⁷¹⁹⁾

President Clinton was asked in the grand jury when he learned that Ms. Lewinsky's name was on the witness list. The President responded: "I believe that I found out late in the afternoon on the sixth."⁽⁷²⁰⁾

B. December 5: Christmas Party at the White House

On Friday, December 5, Ms. Lewinsky returned from Department of Defense travel in Europe.⁽⁷²¹⁾ She asked Ms. Currie if the President could see her the next day, but Ms. Currie said he was busy meeting with his lawyers.⁽⁷²²⁾ In the late afternoon, she attended a Christmas party at the White House with a Defense Department colleague.⁽⁷²³⁾ Ms. Lewinsky exchanged a few words with the President in the reception line.⁽⁷²⁴⁾

The Christmas reception encounter heightened Ms. Lewinsky's frustration. On the evening of December 5, she drafted an anguished letter to the President.⁽⁷²⁵⁾ "[Y]ou want me out of your life," she wrote. "I guess the signs have been made clear for awhile -- not wanting to see me and rarely calling. I used to think it was you putting up walls."⁽⁷²⁷⁾ She had purchased several gifts for him, and, she wrote, "I wanted to give them to you in person, but that is obviously not going to happen."⁽⁷²⁸⁾ Ms. Lewinsky reminded the President of his words during their October 10 telephone argument:

I will never forget what you said that night we fought on the phone -- if you had known what I was really like you would never have gotten involved with me. I'm sure you're not the first person to have felt that way about me. I am sorry that this has been such a bad experience.⁽⁷²⁹⁾

She concluded the letter: "I knew it would hurt to say goodbye to you; I just never thought it would have to be on paper. Take care."⁽⁷³⁰⁾

C. December 6: The Northwest Gate Incident

1. Initial Visit and Rejection

On the morning of Saturday, December 6, Ms. Lewinsky went to the White House to deliver the letter and gifts to the President. The gifts included a sterling silver antique cigar holder, a tie, a mug, a "Hugs and Kisses" box, and an antique book about Theodore Roosevelt.⁽⁷³¹⁾ Ms. Lewinsky planned to leave the parcel with Ms. Currie, who had told Ms. Lewinsky that the President would be busy with his lawyers and unable to see her.⁽⁷³²⁾

Ms. Lewinsky arrived at the White House at approximately 10:00 a.m. She told the Secret Service uniformed officers at the Northwest Gate that she had gifts to drop off for the President, but that Ms. Currie did not know she was coming.⁽⁷³³⁾ Ms. Lewinsky and the officers made several calls in an attempt to locate Ms. Currie.⁽⁷³⁴⁾ The officers eventually invited Ms. Lewinsky inside the guard booth.⁽⁷³⁵⁾ When Ms. Currie learned that Ms. Lewinsky was at the Northwest Gate, she sent word that the President "already had a guest in the [O]val," so the officers should have Ms. Lewinsky wait there for about 40 minutes.⁽⁷³⁶⁾

While Ms. Lewinsky was waiting, one officer mentioned that Eleanor Mondale was in the White House.⁽⁷³⁷⁾ Ms. Lewinsky correctly surmised that the President was meeting with Ms. Mondale, rather than his lawyers, and she was "livid."⁽⁷³⁸⁾ She stormed away, called and berated Ms. Currie from a pay phone, and then returned to her Watergate apartment.⁽⁷⁴⁰⁾

Hands shaking and almost crying, Ms. Currie informed several Secret Service officers that the President was "irate" that someone had disclosed to Ms. Lewinsky whom he was meeting with.⁽⁷⁴¹⁾ Ms. Currie told Sergeant Keith Williams, a supervisory uniformed Secret Service Officer, that if he "didn't find out what was going on, someone could be fired."⁽⁷⁴²⁾ She also told Captain Jeffrey Purdie, the Secret Service watch commander for the uniformed division at the time, that the President was "so upset he wants somebody fired over this."⁽⁷⁴³⁾

2. Ms. Lewinsky Returns to the White House

From her apartment, Ms. Lewinsky reached the President on the phone.⁽⁷⁴⁵⁾ According to Ms. Lewinsky, the President was angry that she had "made a stink" and said that "it was none of my business . . . what he was doing."⁽⁷⁴⁶⁾

Then, to Ms. Lewinsky's surprise, the President invited her to visit him.⁽⁷⁴⁷⁾ She testified that "none of the other times that we had really fought on the phone did it end up resulting in a visit that day."⁽⁷⁴⁸⁾ WAVES records reflect that Ms. Lewinsky was cleared to enter the White House at 12:52 p.m. and exited at 1:36 p.m.⁽⁷⁴⁹⁾

During their meeting, Ms. Lewinsky told the President that Mr. Jordan had done nothing to help her find a job.⁽⁷⁵⁰⁾ The President responded, "Oh, I'll talk to him. I'll get on it."⁽⁷⁵¹⁾

Ms. Lewinsky testified that, overall, she had a "really nice" and "affectionate" visit with the President.⁽⁷⁵²⁾ In an email to a friend a few days later, she wrote that, although "things have been crazy with the creep, . . . I did have a wonderful visit with him on Saturday. When he doesn't put his walls up, it is always heavenly."⁽⁷⁵³⁾

3. "Whatever Just Happened Didn't Happen"

Later that day (December 6), the uniformed Secret Service officers at the Northwest Gate were told that no one would be fired -- so long as they remained quiet. According to Sergeant Williams, Ms. Currie said that, if the officers did not "tell a lot of people what had happened, then nothing would happen."⁽⁷⁵⁴⁾

The President told Captain Jeffrey Purdie, the Secret Service watch commander for the uniformed division at the time, "I hope you use your discretion."⁽⁷⁵⁵⁾ Captain Purdie interpreted the President's remark to mean that Captain Purdie "wasn't going to say anything," and he in turn told all of the officers involved not to discuss the incident.⁽⁷⁵⁶⁾ One officer recalled that Captain Purdie told him and other officers, "Whatever just happened didn't happen."⁽⁷⁵⁷⁾ Captain Purdie told another officer, "I was just in the Oval Office with the President and he wants somebody's ass out here. . . . As far as you're concerned, . . . [t]his never happened."⁽⁷⁵⁸⁾ In response, that officer, who considered the Northwest Gate incident a "major event," "just shook [his] head" and "started making a set of [his] own notes" in order to document the incident.⁽⁷⁵⁹⁾

Captain Purdie recommended to his supervisor, Deputy Chief Charles O'Malley, that "no paperwork be generated" regarding the Northwest Gate incident because "Ms. Currie was satisfied with the way things were handled."⁽⁷⁶⁰⁾ According to Captain Purdie, Deputy Chief O'Malley agreed, and no record of the incident was made.⁽⁷⁶¹⁾ Deputy Chief O'Malley testified that the meeting between the President and Captain Purdie was the only occasion he could recall in fourteen years at the White House where a President directly addressed a job performance issue with a uniformed division supervisor.⁽⁷⁶²⁾

The President was questioned in the grand jury about the incident at the Northwest Gate. He testified that he knew that Ms. Lewinsky had become upset upon learning that Ms. Mondale was in the White House "to see us that day."⁽⁷⁶³⁾ He testified: "As I remember, I had some other work to do that morning. . . . "⁽⁷⁶⁴⁾ The President said that the disclosure of information that day was "inappropriate" and "a mistake," but he could not recall whether he wanted a Secret Service officer fired or gave any such orders.⁽⁷⁶⁵⁾ He thought that the officers "were . . . told not to let it happen again, and I think that's the way it should have been handled."⁽⁷⁶⁶⁾ When asked if he told Captain Purdie that he hoped that he could count on his discretion, the President stated, "I don't remember anything I said to him in that regard."⁽⁷⁶⁷⁾

According to Ms. Lewinsky, the President later indicated to her that he had concerns about the discretion of the Secret Service uniformed officers. On December 28 she asked how Paula Jones's attorneys could have known enough to place her on the witness list. The President replied that the source might be Linda Tripp or "the uniformed officers."⁽⁷⁶⁸⁾

D. The President Confers with His Lawyers

Deputy Counsel Bruce Lindsey testified that he met with the President and the President's personal attorney, Robert Bennett, at around 5:00 p.m. on December 6 to discuss the Jones case.⁽⁷⁶⁹⁾ According to Mr. Lindsey, it was "likely" that he learned about Ms. Lewinsky's appearance on the witness list in that meeting.⁽⁷⁷⁰⁾

Earlier in the day, at around 12:00 p.m. (after Ms. Lewinsky stormed away from the Northwest Gate but before she returned and saw the President), Mr. Lindsey had received a page: "Call Betty ASAP."⁽⁷⁷¹⁾ Mr. Lindsey testified that he did not recall the page, nor did he know, at the time, that Ms. Lewinsky had visited the White House.⁽⁷⁷²⁾

E. Second Jordan Meeting

The next day (Sunday, December 7), Mr. Jordan visited the White House and met with the President.⁽⁷⁷⁴⁾ Mr. Jordan testified that he was "fairly certain" that he did not discuss the Jones suit or Ms. Lewinsky.⁽⁷⁷⁵⁾

On Thursday, December 11, Ms. Lewinsky had her second meeting with Mr. Jordan.⁽⁷⁷⁶⁾ Ms. Lewinsky testified that they discussed her job search, and Mr. Jordan told her to send letters to three business contacts that he provided her. Mr. Jordan noted that Ms. Lewinsky was anxious to get a job as quickly as possible, and he took action.⁽⁷⁷⁷⁾ In the course of the day, Mr. Jordan placed calls on her behalf to Peter Georgescu, Chairman and Chief Executive Officer at Young & Rubicam; Richard Halperin, Executive Vice President and Special Counsel to the Chairman of MacAndrews & Forbes Holdings, Inc. (majority stockholder of Revlon); and Ursula Fairbairn, Executive Vice-President, Human Resources and Quality, of American Express.⁽⁷⁷⁸⁾ Mr. Jordan told Ms. Lewinsky to keep him informed of the progress of her job search.⁽⁷⁷⁹⁾

At one point in the conversation, according to Ms. Lewinsky, Mr. Jordan said, "[Y]ou're a friend of the President."⁽⁷⁸⁰⁾ This prompted Ms. Lewinsky to reveal that she "didn't really look at him as the President"; rather, she "reacted to him more as a man and got angry at him like a man and just a regular person."⁽⁷⁸¹⁾ When Mr. Jordan asked why Ms. Lewinsky got angry at the President, she replied that she became upset "when he doesn't call me enough or see me enough."⁽⁷⁸²⁾ Ms. Lewinsky testified that Mr. Jordan advised her to take her frustrations out on him rather than the President.⁽⁷⁸³⁾ According to Ms. Lewinsky, Mr. Jordan summed up the situation: "You're in love, that's what your problem is."⁽⁷⁸⁵⁾

Mr. Jordan recalled a similar conversation, in which Ms. Lewinsky complained that the President did not see her enough, although he thought it took place during a meeting eight days later. He testified that he felt the need to remind Ms. Lewinsky that the President is the "leader of the free world" and has competing obligations.⁽⁷⁸⁶⁾

Mr. Jordan is "certain" that he had a conversation with the President about Ms. Lewinsky at some point after this December 11 meeting.⁽⁷⁸⁷⁾ He told the President that he would be trying to get Ms. Lewinsky a job in New York.⁽⁷⁸⁸⁾ Mr. Jordan testified that the President "was aware that people were trying to get jobs for her, that Podesta was trying to help her, that Bill Richardson was trying to help her, but that she really wanted to work in the private sector."⁽⁷⁸⁹⁾

F. Early Morning Phone Call

On December 15, 1997, Paula Jones's lawyers served President Clinton with her second set of document requests by overnight mail. These requests asked the President to "produce documents that related to communications between the President and Monica Lewisky" [sic].⁽⁷⁹⁰⁾ This was the first Paula Jones discovery request to refer to Monica Lewinsky by name.

Ms. Lewinsky testified that in the early-morning hours of December 17, at roughly 2:00 or 2:30 a.m., she received a call from the President.⁽⁷⁹¹⁾ The call lasted about half an hour.⁽⁷⁹²⁾

The President gave Ms. Lewinsky two items of news: Ms. Currie's brother had died in a car accident, and Ms. Lewinsky's name had appeared on the witness list in the Jones case.⁽⁷⁹³⁾ According to Ms. Lewinsky, the President said "it broke his heart" to see her name on the witness list.⁽⁷⁹⁴⁾ The President told her that she would not necessarily be subpoenaed; if she were, he "suggested she could sign an affidavit to try to satisfy [Ms. Jones's] inquiry and not be deposed."⁽⁷⁹⁵⁾

The President told Ms. Lewinsky to contact Ms. Currie in the event she were subpoenaed.⁽⁷⁹⁶⁾ He also reviewed one of their established cover stories. He told Ms. Lewinsky that she "should say she visited the [White House] to see Ms. Currie and, on occasion when working at the [White House], she brought him letters when no one else was around."⁽⁷⁹⁷⁾ The President's advice "was . . . instantly familiar to [Ms. Lewinsky]."⁽⁷⁹⁸⁾ She testified that the President's use of this "misleading" story amounted to a continuation of their pre-existing pattern.⁽⁷⁹⁹⁾

Later in the conversation, according to Ms. Lewinsky, the President said he would try to get Ms. Currie to come in over the weekend so that Ms. Lewinsky could visit and he could give her several Christmas presents.⁽⁸⁰⁰⁾ Ms. Lewinsky replied that, since Ms. Currie's brother had just died, perhaps they should "let Betty be."⁽⁸⁰¹⁾

In his grand jury appearance, the President was questioned about the December 17 phone call. He testified that, although he could not rule it out, he did not remember such a call.⁽⁸⁰²⁾ The President was also asked whether in this conversation, or a conversation before Ms. Lewinsky's name came up in the Jones case, he instructed her to say that she was coming to bring letters. The President answered: "I might well have said that."⁽⁸⁰³⁾

But when asked whether he ever said anything along these lines after Ms. Lewinsky had been identified on the witness list, the President answered: "I don't recall whether I might have done something like that."⁽⁸⁰⁴⁾ He speculated that he might have suggested this explanation in the context of a call from a reporter.⁽⁸⁰⁵⁾ Nonetheless, he testified, in the context of the Jones case, "I never asked her to lie."⁽⁸⁰⁶⁾

G. Job Interviews

On December 18, Ms. Lewinsky had two job interviews in New York City. At MacAndrews & Forbes, she met with Executive Vice President and Special Counsel to the Chairman Richard Halperin, who viewed the interview as "an accommodation for Vernon Jordan."⁽⁸⁰⁷⁾ At Burson-Marstellar, she interviewed with Celia Berk, Managing Director of Human Resources.⁽⁸⁰⁸⁾ A few days later, on December 23, Ms. Lewinsky interviewed in Washington, D.C., with Thomas Schick, Executive Vice President, Corporate Affairs and Communications, of American Express.⁽⁸⁰⁹⁾

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

The Subpoena

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

A. December 19: Ms. Lewinsky Is Subpoenaed

On Friday, December 19, 1997, sometime between 3:00 p.m. and 4:00 p.m., Ms. Lewinsky was served with a subpoena at her Pentagon office.⁽⁸¹⁰⁾ The subpoena commanded her to appear for a deposition in Washington, D.C., at 9:30 a.m. on January 23, 1998.⁽⁸¹¹⁾ The subpoena also required the production of certain documents and gifts. Among the items that Ms. Lewinsky was required to produce were "each and every gift including, but not limited to, any and all dresses, accessories, and jewelry, and/or hat pins given to you by, or on behalf of, Defendant Clinton," as well as "[e]very document constituting or containing communications between you and Defendant Clinton, including letters, cards, notes, memoranda, and all telephone records."⁽⁸¹²⁾

Ms. Lewinsky testified that, after being served with the subpoena, she "burst into tears," and then telephoned Mr. Jordan from a pay phone at the Pentagon.⁽⁸¹³⁾ Mr. Jordan confirmed Ms. Lewinsky's account; he said he tried to reassure Ms. Lewinsky: "[C]ome and talk to me and I will see what I can do about finding you counsel."⁽⁸¹⁴⁾

According to records maintained by Mr. Jordan's law firm, Ms. Lewinsky arrived at his office at 4:47 p.m.⁽⁸¹⁵⁾ White House phone records show that, at 4:57 p.m., the President telephoned Mr. Jordan; the two men spoke from 5:01 p.m. to 5:05 p.m.⁽⁸¹⁶⁾ At 5:06 p.m., Mr. Jordan placed a two-minute call to a Washington, D.C., attorney named Francis Carter.⁽⁸¹⁷⁾

Ms. Lewinsky and Mr. Jordan gave somewhat different accounts of their meeting that day. According to Ms. Lewinsky, shortly after her arrival, Mr. Jordan received a phone call, and she stepped out of his office. A few minutes later, Ms. Lewinsky was invited back in, and Mr. Jordan called Mr. Carter.⁽⁸¹⁹⁾

Mr. Jordan testified that he spoke to the President before Ms. Lewinsky ever entered his office.⁽⁸²⁰⁾ He told the President: "Monica Lewinsky called me up. She's upset. She's gotten a subpoena. She is coming to see me about this subpoena. I'm confident that she needs a lawyer, and I will try to get her a lawyer."⁽⁸²¹⁾ Mr. Jordan told the President that the lawyer he had in mind was Francis Carter.⁽⁸²²⁾ According to Mr. Jordan, the President asked him: "You think he's a good lawyer?" Mr. Jordan responded that he was.⁽⁸²³⁾ Mr. Jordan testified that informing the President of Ms. Lewinsky's subpoena "was the purpose of [his] call."⁽⁸²⁴⁾

According to Mr. Jordan, when Ms. Lewinsky entered his office, "[H]er emotional state was obviously one of dishevelment and she was quite upset. She was crying. She was -- she was highly emotional, to say the least."⁽⁸²⁵⁾ She showed him the subpoena as soon as she entered.⁽⁸²⁶⁾

Ms. Lewinsky also testified that she discussed the subpoena with Mr. Jordan.⁽⁸²⁷⁾ She told him that she found the specific reference to a hat pin alarming -- how could the Jones's attorneys have known about it?⁽⁸²⁸⁾ Mr. Jordan told her it was "a standard subpoena."⁽⁸²⁹⁾ When he indicated to Ms. Lewinsky that he would be seeing the President that night, Ms. Lewinsky told him "to please make sure that he told the President" about her subpoena.⁽⁸³⁰⁾

At some point, according to Mr. Jordan, Ms. Lewinsky asked him about the future of the Clintons' marriage.⁽⁸³¹⁾ Because Ms. Lewinsky seemed "mesmerized" by President Clinton,⁽⁸³²⁾ he "asked her directly had there been any sexual relationship between [her] and the President."⁽⁸³³⁾ Mr. Jordan explained, "You didn't have to be Einstein to know that that was a question that had to be asked by me at that particular time, because heretofore this discussion was about a job. The subpoena changed the circumstances."⁽⁸³⁴⁾ Ms. Lewinsky said she had not had a sexual relationship with the President.⁽⁸³⁵⁾

Ms. Lewinsky testified, however, that at this time she assumed that Mr. Jordan knew "with a wink and a nod that [she] was having a relationship with the President."⁽⁸³⁶⁾ She therefore interpreted Mr. Jordan's questions as "What are you going to say?" rather than "What are the [actual] answers . . .?"⁽⁸³⁷⁾ When the meeting ended, she "asked [Mr. Jordan] if he would give the President a hug."⁽⁸³⁸⁾

That evening, Mr. Jordan visited the President at the White House. According to Mr. Jordan, the two met alone in the Residence and talked for about ten minutes.⁽⁸³⁹⁾ He testified:

I told him that Monica Lewinsky had been subpoenaed, came to me with a subpoena. I told him that I was concerned by her fascination, her being taken with him. I told him how emotional she was about having gotten the subpoena. I told him what she said to me about whether or not he was going to leave the First Lady at the end of the term.⁽⁸⁴⁰⁾

Mr. Jordan asked the President "[t]he one question that I wanted answered."⁽⁸⁴¹⁾ That question was, "Mr. President, have you had sexual relations with Monica Lewinsky?" The President told Mr. Jordan, "No, never."⁽⁸⁴²⁾

Mr. Jordan told the President: "I'm trying to help her get a job and I'm going to continue to do that. I'm going to get her counsel and I'm going to try to be helpful to her as much as I possibly can, both with the lawyer, and I've already done what I could about the job, and I think you ought to know that."⁽⁸⁴³⁾ Mr. Jordan testified: "He thanked me for telling him. Thanked me for my efforts to get her a job and thanked me for getting her a lawyer."⁽⁸⁴⁴⁾

In his grand jury testimony, the President recalled that he met with Mr. Jordan on December 19; however, he testified that his memory of that meeting was somewhat vague:

I do not remember exactly what the nature of the conversation was. I do remember that I told him that there was no sexual relationship between me and Monica Lewinsky, which was true. And that -- then all I remember for the rest is that he said he had referred her to a lawyer, and I believe it was Mr. Carter.⁽⁸⁴⁵⁾

Asked whether he recalled that Mr. Jordan told him that Ms. Lewinsky appeared fixated on him and hoped that he would leave Mrs. Clinton, the President testified: "I recall him saying he thought that she was upset with -- somewhat fixated on me, that she acknowledged that she was not having a sexual relationship with me, and that she did not want to be [brought] into that Jones lawsuit."⁽⁸⁴⁶⁾

B. December 22: Meeting with Vernon Jordan

Mr. Jordan arranged for Ms. Lewinsky to meet with attorney Francis Carter at 11:00 a.m. on Monday, December 22.⁽⁸⁴⁷⁾ On that morning, according to Ms. Lewinsky, she called Mr. Jordan and asked to meet before they went to Mr. Carter's office.⁽⁸⁴⁸⁾ She testified: "I was a little concerned. I thought maybe [Mr. Jordan] didn't really understand . . . what it was that was happening here with me being subpoenaed and what this really meant."⁽⁸⁴⁹⁾ She also wanted to find out whether he had in fact told the President of her subpoena. Mr. Jordan said that he had.⁽⁸⁵⁰⁾ Ms. Lewinsky also told Mr. Jordan that she was worried that someone might have been eavesdropping on her telephone conversations with the President.⁽⁸⁵¹⁾ When Mr. Jordan asked why she thought that would be of concern, Ms. Lewinsky said, "Well, we've had phone sex."⁽⁸⁵²⁾

Ms. Lewinsky testified that she brought some of her gifts from the President, showed them to Mr. Jordan, and implied that these items were not all of the gifts that the President had given her.⁽⁸⁵³⁾ Mr. Jordan, in contrast, testified that Ms. Lewinsky never showed him any gifts from the President.⁽⁸⁵⁴⁾

C. December 22: First Meeting with Francis Carter

Mr. Jordan drove Ms. Lewinsky to Mr. Carter's office.⁽⁸⁵⁵⁾ There, he introduced Ms. Lewinsky to Mr. Carter, explaining that she needed not only a lawyer but a "counselor."⁽⁸⁵⁶⁾ Mr. Carter testified that, after the initial referral, he expected to have no further contact with Mr. Jordan about Ms. Lewinsky or her case.⁽⁸⁵⁸⁾

Mr. Carter and Ms. Lewinsky then met for approximately an hour.⁽⁸⁵⁹⁾ She explained that she did not want to be drawn into the Jones case and would strongly prefer not to be deposed.⁽⁸⁶⁰⁾ He said that he would try to persuade Paula Jones's attorneys not to depose her.⁽⁸⁶¹⁾ Ms. Lewinsky testified that she suggested filing an affidavit to avert a deposition.⁽⁸⁶²⁾

According to Ms. Lewinsky, she asked Mr. Carter to get in touch with the President's personal attorney, Robert Bennett, just "to let him know that I had been subpoenaed in this case."⁽⁸⁶³⁾ She wanted to make clear that she was "align[ing] [her]self with the President's side."⁽⁸⁶⁴⁾ Mr. Carter testified that, while Ms. Lewinsky was in his office, he placed a call to Mr. Bennett to arrange a meeting.⁽⁸⁶⁵⁾

On the morning of Tuesday, December 23, Mr. Carter met for an hour with two of the President's personal attorneys, Mr. Bennett and Katherine Sexton.⁽⁸⁶⁶⁾ The President's attorneys told Mr. Carter that other witnesses had filed motions to quash their subpoenas, and they offered legal research to support such a motion.⁽⁸⁶⁷⁾

D. December 23: Clinton Denials to Paula Jones

Throughout the sexual harassment case, Ms. Jones's attorneys attempted to obtain information about President Clinton's sexual relationships with any woman other than his wife. On December 11, 1997, the judge overseeing the Jones case, Susan Webber Wright, ruled that the President had to answer a written interrogatory naming every state and federal employee since 1986 with whom he had sexual relations or with whom he had proposed to have sexual relations. On December 23, 1997, the President answered the interrogatory: "None."⁽⁸⁶⁸⁾

E. December 28: Final Meeting with the President

A day or two after Christmas, Ms. Lewinsky called Ms. Currie and told her that the President had mentioned that he had presents for her.⁽⁸⁶⁹⁾ Ms. Currie called back and told her to come to the White House at 8:30 a.m. on Sunday, December 28.⁽⁸⁷⁰⁾

That morning, Ms. Lewinsky met with the President in the Oval Office. WAVES records reflect that the visit was requested by Ms. Currie and that Ms. Lewinsky entered the White House at 8:16 a.m.⁽⁸⁷¹⁾

After she arrived at the Oval Office, she, the President, and Ms. Currie played with Buddy, the President's dog, and chatted. Then, the President took her to the study and gave her several Christmas presents: a marble bear's head, a Rockettes blanket, a Black Dog stuffed animal, a small box of chocolates, a pair of joke sunglasses, and a pin with a New York skyline on it.⁽⁸⁷²⁾

Ms. Lewinsky testified that, during this visit, she and the President had a "passionate" and "physically intimate" kiss.⁽⁸⁷³⁾

Ms. Lewinsky and the President also talked about the Jones case.⁽⁸⁷⁴⁾ In Ms. Lewinsky's account, she asked the President "how he thought [she] got put on the witness list."⁽⁸⁷⁵⁾ He speculated that Linda Tripp or one of the uniformed Secret Service officers had told the Jones attorneys about her.⁽⁸⁷⁶⁾ When Ms. Lewinsky mentioned her anxiety about the subpoena's reference to a hat pin, he said "that sort of bothered [him], too."⁽⁸⁷⁷⁾ He asked whether she had told anyone about the hat pin, and she assured him that she had not.⁽⁸⁷⁸⁾

At some point in the conversation, Ms. Lewinsky told the President, "[M]aybe I should put the gifts away outside my house somewhere or give them to someone, maybe Betty."⁽⁸⁷⁹⁾ Ms. Lewinsky recalled that the President responded either "I don't know" or "Let me think about that."⁽⁸⁸⁰⁾

When Ms. Lewinsky was asked whether she thought it odd for the President to give her gifts under the circumstances (with a subpoena requiring the production of all his gifts), she testified that she did not think of it at the time, but she did note some hesitancy on the President's part:

[H]e had hesitated very briefly right before I left that day in kind of packaging . . . all my stuff back up . . . I don't think he said anything that indicated this to me, but I thought to myself, "I wonder if he's thinking he shouldn't give these to me to take out." But he did.⁽⁸⁸¹⁾

When asked in the Jones deposition about his last meeting with Ms. Lewinsky, the President remembered only that she stopped by "[p]robably sometime before Christmas" and he "stuck [his] head out [of the office], said hello to her."⁽⁸⁸²⁾ The deposition occurred three weeks after this December 28 meeting with Ms. Lewinsky.

In the grand jury, the President acknowledged "talking with Ms. Lewinsky about her testimony, or about the prospect that she might have to give testimony. And she, she talked to me about that."⁽⁸⁸³⁾ He maintained, however, that they did not discuss Ms. Lewinsky's subpoena: "[S]he was upset. She -- well, she -- we -- she didn't -- we didn't talk about a subpoena. But she was upset."⁽⁸⁸⁴⁾ In the President's recollection, Ms. Lewinsky said she knew nothing about sexual harassment; why did she have to testify? According to the President, "I explained to her that it was a political lawsuit. They wanted to get whatever they could under oath that was damaging to me."⁽⁸⁸⁵⁾

Ms. Lewinsky's friend, Catherine Allday Davis, testified about a conversation with Ms. Lewinsky on January 3, 1998. Ms. Lewinsky told Ms. Davis that she had met with the President and discussed the Jones case a few days earlier. Ms. Davis testified that Ms. Lewinsky and the President had "noted [that] there was no evidence" of their relationship.⁽⁸⁸⁷⁾

E. December 28: Concealment of Gifts

In the afternoon of December 28, a few hours after Ms. Lewinsky's White House visit, Ms. Currie drove to Ms. Lewinsky's Watergate apartment and collected a box containing the President's gifts. Ms. Currie then took the box home and hid it under her bed. Ms. Lewinsky, Ms. Currie, and the President were all questioned as to why Ms. Currie retrieved the box of gifts from Ms. Lewinsky.

According to Ms. Lewinsky, the transfer originated in a phone call from Ms. Currie that afternoon. Ms. Lewinsky testified that Ms. Currie said, "I understand you have something to give me," or, "The President said you have something to give me."⁽⁸⁸⁸⁾ Ms. Lewinsky understood that Ms. Currie was alluding to the gifts.⁽⁸⁸⁹⁾ Ms. Currie said that she would stop by Ms. Lewinsky's apartment and pick up the items.⁽⁸⁹⁰⁾ Ms. Lewinsky testified that she put many, but not all, of her gifts from the President into a box. Ms. Currie drove by her apartment and picked it up.⁽⁸⁹¹⁾

Ms. Lewinsky was concerned because the gifts were under subpoena; she did not throw them away, however, because "they meant a lot to [her]."⁽⁸⁹²⁾ The reason she gave the gifts to Ms. Currie, and not to one of her friends or her mother, was "a little bit of an assurance to the President . . . that everything was okay."⁽⁸⁹³⁾ She felt that, because the gifts were with Ms. Currie, they were within the President's control: "Not that [the gifts] were going to be in his possession, but that he would understand whatever it was I gave to Betty and that that might make him feel a little bit better."⁽⁸⁹⁴⁾

Ms. Lewinsky's account of the events of December 28 in her sworn statement of February 1, 1998, corroborates her later grand jury testimony:

"Ms. L . . . asked if she should put away (outside her home) the gifts he had given her or, maybe, give them to someone else. Ms. Currie called Ms. L later that afternoon as said that the Pres. had told her Ms. L. wanted her to hold onto something for her. Ms. L boxed up most of the gifts she had received and gave them to Ms. Currie. It is unknown if Ms. Currie knew the contents of the box."⁽⁸⁹⁵⁾

Ms. Currie's testimony was somewhat at odds with Ms. Lewinsky's. Though her overall recollection was hazy, Ms. Currie believed that Ms. Lewinsky had called her and raised the idea of the gifts transfer.⁽⁸⁹⁶⁾ Ms. Currie was asked about the President's involvement in the transfer:

Q: And did the President know you were holding these things for Monica?

BC: I don't know. I don't know.

Q: Didn't he say to you that Monica had something for you to hold?

BC: I don't remember that. I don't.

Q: Did you ever talk to the President and tell him you had this box from Monica?

BC: I don't remember that either.

Q: Do you think it happened, though?

BC: I don't know. I don't know.⁽⁸⁹⁷⁾

When asked whether a statement by Ms. Lewinsky indicating that Ms. Currie had in fact spoken to the President about the gift transfer would be false, Ms. Currie replied: "Then she may remember better than I. I don't remember."⁽⁸⁹⁸⁾

According to Ms. Currie, Ms. Lewinsky said that she was uncomfortable retaining the gifts herself because "people were asking questions" about them.⁽⁸⁹⁹⁾ Ms. Currie said she drove to Ms. Lewinsky's residence after work, collected the box, brought it home, and put it under her bed.⁽⁹⁰⁰⁾ Written on the top of the box were the words "Please do not throw away!!!"⁽⁹⁰¹⁾ Ms. Currie testified that she knew that the box contained gifts from the President.⁽⁹⁰²⁾

For his part, the President testified that he never asked Ms. Currie to collect a box of gifts from Ms. Lewinsky.⁽⁹⁰³⁾ He said that he had no knowledge that Ms. Currie had held those items "until that was made public."⁽⁹⁰⁴⁾

The President testified that he has no distinct recollection of discussing the gifts with Ms. Lewinsky on December 28: "[M]y memory is that on some day in December, and I'm sorry I don't remember when it was, she said, well, what if they ask me about the gifts you have given me. And I said, well, if you get a request to produce those, you have to give them whatever you have."⁽⁹⁰⁵⁾

D. December 31: Breakfast with Vernon Jordan

Ms. Lewinsky testified that in late December 1997 she realized that she needed to "come up with some sort of strategy as to [what to do] if Linda Tripp" divulged what she knew.⁽⁹⁰⁶⁾ On December 30, Ms. Lewinsky telephoned Mr. Jordan's office and conveyed either directly to him or through one of his secretaries that she was concerned about the Jones case.⁽⁹⁰⁷⁾

The following day, Ms. Lewinsky and Mr. Jordan had breakfast together at the Park Hyatt Hotel.⁽⁹⁰⁸⁾ According to Ms. Lewinsky, she told Mr. Jordan that a friend of hers, Linda Tripp, was involved in the Jones case. She told Mr. Jordan: "I used to trust [Ms. Tripp], but I didn't trust her any more."⁽⁹⁰⁹⁾ Ms. Lewinsky said that Ms. Tripp might have seen some notes in her apartment. Mr. Jordan asked: "Notes from the President to you?" Ms. Lewinsky responded: "No, notes from me to the President." According to Ms. Lewinsky, Mr. Jordan said: "Go home and make sure they're not there." Ms. Lewinsky testified that she understood that Mr. Jordan was advising her to "throw . . . away" any copies or drafts of notes that she had sent to the President.⁽⁹¹⁰⁾

After breakfast, Mr. Jordan gave Ms. Lewinsky a ride back to his office.⁽⁹¹¹⁾ When Ms. Lewinsky returned home to her apartment that day, she discarded approximately 50 draft notes to the President.⁽⁹¹²⁾

E. January 4: The Final Gift

On Sunday, January 4, 1998, Ms. Lewinsky called Ms. Currie at home and told her that she wanted to drop off a gift for the President.⁽⁹¹³⁾ Ms. Currie invited Ms. Lewinsky to her home, and Ms. Lewinsky gave her the package.⁽⁹¹⁴⁾ The package contained a book entitled The Presidents of the United States and a love note inspired by the movie Titanic.⁽⁹¹⁵⁾

XIII. January 5-January 16, 1998:

The Affidavit

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

A. January 5: Francis Carter Meeting

At 3:00 p.m. on Monday, January 5, 1998, Ms. Lewinsky met with Mr. Carter at his office for approximately one hour.⁽⁹¹⁶⁾

Ms. Lewinsky testified that Mr. Carter described what a deposition was like and "threw out a bunch of different questions."⁽⁹¹⁷⁾ The questions that most concerned her related to the circumstances of her departure from the White House.⁽⁹¹⁸⁾

Mr. Carter told Ms. Lewinsky that he would draft an affidavit for her to sign in hopes of averting her deposition. They arranged for Ms. Lewinsky to pick up a draft of the affidavit the next day.⁽⁹¹⁹⁾

B. January 5: Call from the President

After her meeting with Mr. Carter, Ms. Lewinsky sent word via Ms. Currie that she needed to speak to the President about an important matter.⁽⁹²⁰⁾ Specifically, Ms. Lewinsky told Ms. Currie she was anxious about something she needed to sign.⁽⁹²¹⁾

A few hours later, according to Ms. Lewinsky, the President returned her call.⁽⁹²²⁾ She mentioned an affidavit she would be signing and asked if he wanted to see it. According to Ms. Lewinsky, the President responded that he did not, as he had already seen about fifteen others.⁽⁹²³⁾ Ms. Lewinsky testified that she told the President that she was troubled by potential questions about her transfer from the White House to the Pentagon. She was concerned that "people at the White House who didn't like [her]" might contradict her and "get [her] in trouble."⁽⁹²⁴⁾ The President, according to Ms. Lewinsky, advised her: "[Y]ou could always say that the people in Legislative Affairs got it [the Pentagon job] for you or helped you get it."⁽⁹²⁵⁾

The President acknowledged in the grand jury that he was aware that Ms. Lewinsky had signed an affidavit in early January, but had no specific recollection of a conversation with her in that time period.⁽⁹²⁶⁾ He testified that he did not recall telling Ms. Lewinsky that she could say, if asked, that persons in the Legislative Affairs Office of the White House had helped her obtain the job at the Pentagon.⁽⁹²⁷⁾

According to Ms. Lewinsky, she and the President also briefly discussed an antique book that she had dropped off with Ms. Currie the day before. With the book, she enclosed a letter telling the President that she wanted to have sexual intercourse with him at least once.⁽⁹²⁸⁾ In their phone conversation, Ms. Lewinsky told the President, "I shouldn't have written some of those things in the note."⁽⁹²⁹⁾ She testified that the President agreed.⁽⁹³⁰⁾

Although the President had testified in the Jones case that any personal messages from Ms. Lewinsky to him had been "unremarkable," he told the grand jury that he had received "quite affectionate" messages from Ms. Lewinsky, even after their intimate relationship ended.⁽⁹³¹⁾ The President testified that he cautioned Ms. Lewinsky about such messages: "I remember telling her she should be careful what she wrote, because a lot of it was clearly inappropriate and would be embarrassing if somebody else read it. I don't remember when I said that. I don't remember whether it was in '96 or when it was."⁽⁹³²⁾ The President did remember the antique book Ms. Lewinsky had given him, but said he did not recall a romantic note enclosed with it.⁽⁹³³⁾

C. January 6: The Draft Affidavit

According to Ms. Lewinsky, in the afternoon of January 6, 1998, she visited Mr. Carter's office and picked up a draft of the affidavit.⁽⁹³⁴⁾ Later that day, according to Ms. Lewinsky, she and Mr. Jordan discussed the draft by telephone.⁽⁹³⁶⁾ Ms. Lewinsky testified that having Mr. Jordan review the affidavit was like getting it "blessed" by the President.⁽⁹³⁷⁾ Ms. Lewinsky testified that she told Mr. Jordan that she was worried about a sentence that implied that she had been alone with the President and thus might incline Paula Jones's attorneys to question her.⁽⁹³⁸⁾ She eventually deleted it.⁽⁹³⁹⁾

In addition, Paragraph 8 of the draft affidavit provided in part:

I have never had a sexual relationship with the President. . . . The occasions that I saw the President, with crowds of other people, after I left my employment at the White House in April, 1996 related to official receptions, formal functions or events related to the U.S. Department of Defense, where I was working at the time.⁽⁹⁴¹⁾

Deeming the reference to "crowds" "too far out of the realm of possibility,"⁽⁹⁴²⁾ Ms. Lewinsky deleted the underscored phrase and wrote the following sentence at the end of this paragraph: "There were other people present on all of these occasions."⁽⁹⁴³⁾ She discussed this proposed sentence, as well as her general anxiety about Paragraph 8, with Mr. Jordan.⁽⁹⁴⁴⁾

When questioned in the grand jury, Mr. Jordan acknowledged that Ms. Lewinsky called him with concerns about the affidavit,⁽⁹⁴⁵⁾ but maintained that he told her to speak with her attorney.⁽⁹⁴⁶⁾

Phone records for January 6 show that Mr. Jordan had a number of contacts with Ms. Lewinsky, the President, and Mr. Carter. Less than thirty minutes after Mr. Jordan spoke by phone to Ms. Lewinsky, he talked with the President for thirteen minutes. Immediately after this call, at 4:33 p.m., Mr. Jordan called Mr. Carter. Less than an hour later, Mr. Jordan placed a four-minute call to the main White House number. Over the course of the day, Mr. Jordan called a White House number twice, Ms. Lewinsky three times, and Mr. Carter four times.⁽⁹⁴⁷⁾

Mr. Carter testified that his phone conversations with Mr. Jordan this day and the next "likely" related to Ms. Lewinsky and his litigation strategy for her.⁽⁹⁴⁸⁾ In fact, Mr. Carter billed Ms. Lewinsky for time for "[t]elephone conference with Atty Jordan."⁽⁹⁴⁹⁾

When questioned in the grand jury, Mr. Jordan testified that he could not specifically remember the January 6 calls. He said he "assumed" that he talked with Ms. Lewinsky about her job search, and he believed that he called Mr. Carter to see "how he was dealing with this highly emotional lady."⁽⁹⁵⁰⁾ He said that he might have talked with the President about Ms. Lewinsky, but he maintained that "there [was] no connection" between his 13-minute conversation with the President and the call he placed immediately thereafter to Mr. Carter.⁽⁹⁵¹⁾

D. January 7: Ms. Lewinsky Signs Affidavit

Ms. Lewinsky set an appointment with Mr. Carter to finalize the affidavit for 10 a.m. on January 7, 1998.⁽⁹⁵²⁾ She signed the affidavit; however, she acknowledged in the grand jury that statements in it were false.⁽⁹⁵³⁾ Mr. Carter indicated to her that he "intend[ed] to hold onto this until after I talk to plaintiff's lawyers." He told her to "keep in touch," and said: "Good luck on your job search."⁽⁹⁵⁶⁾

According to Mr. Jordan, Ms. Lewinsky came to his office on January 7 and showed him the signed affidavit.⁽⁹⁵⁷⁾ Over the course of the day, Mr. Jordan placed three calls of significant duration to the White House.⁽⁹⁵⁸⁾ He testified: "I knew the President was concerned about the affidavit and whether it was signed or not."⁽⁹⁵⁹⁾ When asked whether the President understood that the affidavit denied a sexual relationship, Mr. Jordan testified: "I think that's a reasonable assumption."⁽⁹⁶⁰⁾ According to Mr. Jordan, when he informed the President that Ms. Lewinsky had signed the affidavit, the President said, "Fine, good."⁽⁹⁶¹⁾ Mr. Jordan said he was continuing to work on her job, and the President responded, "Good."⁽⁹⁶²⁾

Ten days after this conversation, in the Jones deposition, President Clinton was asked whether he knew that Ms. Lewinsky had met with Vernon Jordan and talked about the Jones case. He answered:

I knew he met with her. I think Betty suggested that he meet with her. Anyway, he met with her. I, I thought that he talked to her about something else. I didn't know that -- I thought he had given her some advice about her move to New York. Seems like that's what Betty said.⁽⁹⁶³⁾

In his grand jury appearance, however, President Clinton testified that Mr. Jordan informed "us" on January 7 that Ms. Lewinsky had signed an affidavit to be used in connection with the Jones case.⁽⁹⁶⁴⁾ The President defended his deposition testimony by stating:

[M]y impression was that, at the time, I was focused on the meetings. I believe the meetings he had were meetings about her moving to New York and getting a job.

I knew at some point that she had told him that she needed some help, because she had gotten a subpoena. I'm not sure I know whether she did that in a meeting or a phone call. And I was not, I was not focused on that. I know that, I know Vernon helped her get a lawyer, Mr. Carter. And I, I believe that he did it after she had called him, but I'm not sure. But I knew that the main source of their meetings was about her move to New York and her getting a job.⁽⁹⁶⁵⁾

E. January 8: The Perelman Call

The day after she signed the affidavit, January 8, 1998, Ms. Lewinsky interviewed in New York with Jaymie Durnan, Senior Vice President and Special Assistant to the Chairman at MacAndrews & Forbes Holdings, Inc. (MFH).⁽⁹⁶⁶⁾ Mr. Durnan testified that, although impressive, Ms. Lewinsky was not suited for any MFH opening.⁽⁹⁶⁷⁾ He told her that he would pass on her resume to Revlon, an MFH company.⁽⁹⁶⁸⁾ Ms. Lewinsky called Mr. Jordan and reported that she felt that the interview had gone "very poorly."⁽⁹⁶⁹⁾ Mr. Jordan indicated in response that "he'd call the chairman."⁽⁹⁷⁰⁾

At 4:54 p.m., Mr. Jordan called Ronald Perelman, chairman and chief executive officer of MFH.⁽⁹⁷¹⁾ Mr. Jordan told the grand jury with respect to Mr. Perelman, one "[c]an't get any higher -- or any richer."⁽⁹⁷²⁾ Asked why he chose to call Mr. Perelman, Mr. Jordan responded: "I have spent a good part of my life learning institutions and people, and, in that process, I have learned how to make things happen. And the call to Ronald Perelman was a call to make things happen, if they could happen."⁽⁹⁷³⁾

According to Mr. Perelman, Mr. Jordan spoke of "this bright young girl, who I think is terrific," and said that he wanted "to make sure somebody takes a look at her."⁽⁹⁷⁷⁾ Mr. Perelman testified that, in the roughly twelve years that Mr. Jordan had been on Revlon's Board of Directors, he did not recall Mr. Jordan ever calling to recommend someone.⁽⁹⁷⁸⁾

After he spoke with Mr. Perelman, Mr. Jordan telephoned Ms. Lewinsky and told her, "I'm doing the best I can to help you out."⁽⁹⁸²⁾ Ms. Lewinsky soon received a call from Revlon, inviting her to another interview.⁽⁹⁸⁴⁾

Over the course of January 8, Mr. Jordan placed three calls to the White House -- twice to a number at the White House Counsel's Office, once to the main White House number.⁽⁹⁸⁵⁾ As to the Counsel's Office calls, Mr. Jordan speculated that he was trying to reach Cheryl Mills, Deputy White House Counsel, to express his "frustration" about Ms. Lewinsky.⁽⁹⁸⁶⁾ According to Mr. Jordan, Ms. Mills knew who Ms. Lewinsky was: "[T]hat was no secret, I don't think, around the White House, that I was helping Monica Lewinsky."⁽⁹⁸⁷⁾

F. January 9: "Mission Accomplished"

On the morning of Friday, January 9, 1998, Ms. Lewinsky interviewed with Allyn Seidman, Senior Vice President of MFH, and two individuals at Revlon.⁽⁹⁸⁸⁾ Ms. Lewinsky testified that the interviews went well and that Ms. Seidman called her back that day and "informally offered [her] a position, and [she] informally accepted."⁽⁹⁸⁹⁾

Ms. Lewinsky then called Mr. Jordan and relayed the good news.⁽⁹⁹⁰⁾ When shown records of a seven-minute call at 4:14 p.m., Mr. Jordan testified: "I have to assume that if she got the job and we have a seven-minute conversation and the day before I had talked to the chairman [Ronald Perelman], I have to assume the Jordan magic worked."⁽⁹⁹¹⁾

According to Mr. Jordan, he believed that he notified Ms. Currie and the President as soon as he learned that Ms. Lewinsky had obtained an offer: "I am certain that at some point in time I told Betty Currie, 'Mission accomplished.'"⁽⁹⁹²⁾ Mr. Jordan testified that he also told the President directly that, "'Monica Lewinsky's going to work for Revlon,' and his response was, 'Thank you very much.'"⁽⁹⁹³⁾

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

On January 12, 1998, Judge Wright held a hearing in the Jones case to discuss pre-trial issues, including the President's upcoming deposition.⁽⁹⁹⁴⁾ At that hearing, Judge Wright required Ms. Jones's counsel to list all the witnesses that they planned to call at trial. Ms. Jones's witness list named many women, among them Ms. Lewinsky, to support her theory that the President had a pattern of rewarding women based on their willingness to engage in sexual relations with him. At the hearing, Judge Wright indicated that she would permit Ms. Jones to call as witnesses some of the women she listed in support of her case.

H. January 13: References from the White House

On Tuesday, January 13, 1998, Jennifer Sheldon, Manager of Corporate Staffing of Revlon, called Ms. Lewinsky and formally extended her a position as a public relations administrator. Asked whether this was a relatively quick hiring process, Ms. Sheldon responded, "In totality of how long open positions normally stay open, yes. This was pretty fast."⁽⁹⁹⁵⁾ Ms. Sheldon told Ms. Lewinsky that she needed to send her some references.⁽⁹⁹⁶⁾

According to Ms. Lewinsky, she then called Ms. Currie because she was "concerned that if I put [Mr. Hilley] down as a reference, he might not say flattering things about me."⁽⁹⁹⁷⁾ At 11:11 a.m. on January 13, Ms. Currie paged Ms. Lewinsky and left the following message: "Will know something this afternoon. Kay."⁽⁹⁹⁸⁾

That day, January 13, the President talked with Chief of Staff Erskine Bowles about a reference for Ms. Lewinsky.⁽⁹⁹⁹⁾ The President told Mr. Bowles that Ms. Lewinsky "had found a job in the . . . private sector, and she had listed John Hilley as a reference, and could we see if he could recommend her, if asked." Mr. Bowles assured the President that Mr. Hilley would give Ms. Lewinsky a recommendation commensurate with her job performance.⁽¹⁰⁰⁰⁾

Thereafter, Mr. Bowles took the President's request to Mr. Podesta, the Deputy Chief of Staff, who in turn spoke with Mr. Hilley.⁽¹⁰⁰¹⁾ Mr. Hilley responded that, because he did not know Ms. Lewinsky personally, he would have his office write a recommendation.⁽¹⁰⁰²⁾ It would be a generic letter, simply confirming the dates of employment, because of the less than favorable circumstances surrounding Ms. Lewinsky's departure from the White House.⁽¹⁰⁰³⁾

Ms. Lewinsky testified that Ms. Currie called later that day and told her that "Mr. Podesta took care of it and everything would be fine with Mr. Hilley."⁽¹⁰⁰⁴⁾ At 11:17 a.m. the next day, Wednesday, January 14, Ms. Lewinsky faxed her acceptance to Revlon and listed John Hilley and her Defense Department supervisor as references.⁽¹⁰⁰⁶⁾

The President was asked in the grand jury whether he ever spoke to Mr. Bowles about obtaining a reference from Mr. Hilley for Ms. Lewinsky. He testified that he did, at Ms. Lewinsky's request, although he thought he had done so earlier than January 13 or 14.⁽¹⁰⁰⁷⁾

I. January 13: Final Jordan Meeting

According to Ms. Lewinsky, on Tuesday, January 13, she stopped by Mr. Jordan's office to drop off some thank-you gifts for helping her find a job. Ms. Lewinsky offered to show him a copy of her signed affidavit in the Jones case, but he indicated that he did not need to see it.⁽¹⁰⁰⁸⁾

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

In a face-to-face conversation on January 13, Ms. Lewinsky told Linda Tripp: "This is what my lawyer taught me. You really don't -- you don't very often say 'no' unless you really need to. The best is, 'Well, not that I recall, not that I really remember. Might have, but I don't really remember.'"⁽¹⁰⁰⁹⁾ Ms. Lewinsky said that, if asked in a deposition, "Were you ever alone with the President?" she could say, "Um, it's possible I may have taken a letter on the weekend, but, you know -- I might have, but I don't really. . . ."⁽¹⁰¹⁰⁾

Ms. Lewinsky and Ms. Tripp then discussed the situation:

Ms. Lewinsky: I don't think the way that man thinks, I don't think he thinks of lying under oath. . . .

Ms. Tripp: Yes, he is because he's the one who said, "Deny, deny, deny." Of course he knows.

Ms. Lewinsky: Right. But it's -- hard to explain this. It's like -- (sigh)

Ms. Tripp: You know what I mean. I mean, I don't know -- do I think he is consciously --

Ms. Lewinsky: If-- if -- if I said, if somebody said to him, "Is Monica lying under oath," he would say yes. But when he on his own thinks about it, he doesn't think about it in those terms. Okay?

Ms. Tripp: Probably.

Ms. Lewinsky: Okay? He thinks of it as, "We're safe. We're being smart." Okay? "We're being smart, we're being safe, it's good for everybody."⁽¹⁰¹¹⁾

On January 14, Ms. Lewinsky gave Ms. Tripp a three-page document regarding "points to make in [Ms. Tripp's] affidavit."⁽¹⁰¹²⁾ Ms. Lewinsky testified that she wrote the document herself, although some of the ideas may have been inspired by conversations with Ms. Tripp.⁽¹⁰¹³⁾

K. January 15: The Isikoff Call

In the grand jury, Betty Currie testified that on Thursday, January 15, 1998, she received a telephone call from Michael Isikoff of Newsweek, who inquired about courier receipts reflecting items sent by Ms. Lewinsky to the White House.⁽¹⁰¹⁴⁾

Ms. Currie called Mr. Jordan and asked for guidance in responding to Mr. Isikoff's inquiry because, in her words, she had a "comfort level with Vernon."⁽¹⁰¹⁵⁾ After Ms. Currie arranged to meet with Mr. Jordan at his office,⁽¹⁰¹⁶⁾ Ms. Lewinsky drove her there.⁽¹⁰¹⁷⁾

Mr. Jordan confirmed in the grand jury that Ms. Currie expressed concern about a call from Mr. Isikoff.⁽¹⁰¹⁸⁾ He invited her to his office but advised her to "talk to Mike McCurry and Bruce Lindsey . . . because I cannot give you that advice."⁽¹⁰¹⁹⁾

In a recorded conversation that day, January 15, Ms. Lewinsky encouraged Ms. Tripp not to disclose her (Lewinsky's) relationship with the President. Ms. Lewinsky tried to persuade Ms. Tripp to lie by telling her that others planned to lie: "I'm not concerned all that much anymore because I'm not going to get in trouble because you know what? The story I've signed . . . under oath is what someone else is saying under oath." When Ms. Tripp asked, "Who?" Ms. Lewinsky responded: "He will," referring to the President.⁽¹⁰²⁰⁾ Ms. Lewinsky stated that she did not think the President would "slip up" at his deposition because she was not a "big issue" like Gennifer Flowers and Paula Jones. In contrast, she regarded herself as nothing more than "rumor and innuendo."⁽¹⁰²¹⁾

One of Ms. Lewinsky's friends, Natalie Ungvari, testified that, when Ms. Lewinsky was implicated in the Jones case, "it seemed to me that Monica was just confident everybody would say the right thing, that everything would be orchestrated to come out a secret."⁽¹⁰²²⁾

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

On January 15, 1998, President Clinton's counsel served Ms. Jones's attorneys with the President's responses to Ms. Jones's document requests.⁽¹⁰²³⁾ One of the requests specifically sought all documents reflecting communications between the President and Monica Lewinsky.⁽¹⁰²⁴⁾ President Clinton objected to the scope of this request, but, notwithstanding his objection, he stated that he did not have any responsive documents.

Also on January 15, Mr. Carter drafted a motion to quash the subpoena issued by Paula Jones's attorneys to Ms. Lewinsky. Attached to the motion was Ms. Lewinsky's signed affidavit.⁽¹⁰²⁵⁾ At the request of Katherine Sexton, one of the President's personal attorneys, Mr. Carter faxed a copy of the affidavit to her law offices. Mr. Carter testified that he asked Ms. Sexton why she needed the affidavit that day:

I said, "Well, Katie, you're going to get it tomorrow because I'm filing it, and it's going to be attached as an exhibit to the motion." She said, "Well, but you've already provided it to the other side, so can I get a copy" -- words to that effect. I said, "I have no problem." And so I faxed it to her.⁽¹⁰²⁶⁾

On January 16, 1998, Mr. Carter arranged for the overnight delivery of the motion to quash and the accompanying affidavit to Judge Susan Webber Wright's law clerk and Paula Jones's attorneys.⁽¹⁰²⁷⁾

XIV. January 17, 1998-Present:

The Deposition and Afterward

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

A. January 17: The Deposition

On Saturday, January 17, 1998, the President testified under oath at a deposition in the Jones case.⁽¹⁰²⁸⁾ Judge Susan Webber Wright traveled from Little Rock, Arkansas, to preside at the deposition in Washington, D.C.⁽¹⁰²⁹⁾

Prior to any questions, Judge Wright reminded the parties about her standing Protective Order. She specifically stated: "[I]f anyone reveals anything whatsoever about this deposition,

. . . it will be in violation of the Protective Order. This includes the questions that were asked, . . . You may acknowledge that [the deposition] took place, but that is it."⁽¹⁰³⁰⁾ Judge Wright accepted the following definition of the term "sexual relations:"

For the purposes of this deposition, a person engages in "sexual relations" when the person knowingly engages in or causes . . . contact with the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to arouse or gratify the sexual desire of any person . . . . "Contact" means intentional touching, either directly or through clothing.⁽¹⁰³¹⁾

After the President had answered a few questions about Ms. Lewinsky, his attorney, Robert Bennett, urged Judge Wright to limit further inquiries. Mr. Bennett stated that Ms. Lewinsky had executed an affidavit "saying that there is absolutely no sex of any kind of any manner, shape or form, with President Clinton."⁽¹⁰³²⁾ When Judge Wright cautioned Mr. Bennett not to make remarks that "could be arguably coaching the witness," Mr. Bennett represented to Judge Wright: "In preparation of the witness for this deposition, the witness is fully aware of Ms. Lewinsky's affidavit, so I have not told him a single thing he doesn't know . . . ."⁽¹⁰³³⁾ President Clinton, who was present when Mr. Bennett made his objection, did not contradict his attorney's comment. Rejecting Mr. Bennett's argument, Judge Wright permitted the questioning about Ms. Lewinsky to continue.⁽¹⁰³⁴⁾

Over the course of extensive questioning, the President testified that he had seen Ms. Lewinsky "on two or three occasions" during the government shutdown in the fall of 1995, including one occasion when she brought pizza to him, and one or two other occasions when she delivered documents to him.⁽¹⁰³⁵⁾ He could not recall whether he had been alone with Ms. Lewinsky on such occasions, although he acknowledged that it was possible.⁽¹⁰³⁶⁾ The President further testified that he could not remember the subject of any conversations with Ms. Lewinsky.⁽¹⁰³⁷⁾

President Clinton recalled that he received only a couple of unremarkable personal messages from Ms. Lewinsky, and he could not recall ever having received a cassette tape from her.⁽¹⁰³⁸⁾ He received presents from her "[o]nce or twice" -- a book or two and a tie.⁽¹⁰³⁹⁾ The President originally testified that he could not recall any gifts he might have given her; later in the deposition, however, he remembered that some merchandise he had purchased from a Martha's Vineyard restaurant might have reached her through Ms. Currie.⁽¹⁰⁴⁰⁾ The President stated that he might have given Ms. Lewinsky a hat pin, though he could not recall for certain.⁽¹⁰⁴¹⁾

The President testified that his last conversation with Ms. Lewinsky had been before Christmas, when she had visited the White House to see Ms. Currie. The President stated: "I stuck my head out, said hello to her."⁽¹⁰⁴²⁾ He said it was also possible that, during that encounter, he had joked with Ms. Lewinsky that the plaintiff's attorneys were going to subpoena "every woman I ever talked to" and Ms. Lewinsky "would qualify."⁽¹⁰⁴³⁾

The President testified that he was unaware that Mr. Jordan had talked with Ms. Lewinsky about the Jones case, in which she had also been subpoenaed to testify at a deposition.⁽¹⁰⁴⁴⁾

The President emphatically denied having had sexual relations with Ms. Lewinsky.⁽¹⁰⁴⁵⁾

At the conclusion of the deposition, Judge Wright said: "Before [the President] leaves, I want to remind him, as the witness in this matter, and everyone else in the room, that this case is subject to a Protective Order regarding all discovery, . . . and . . . all parties present, including . . . the witness are not to say anything whatsoever about the questions they were asked, the substance of the deposition, . . . any details, . . . and this is extremely important to this Court."⁽¹⁰⁴⁶⁾

Sometime after the President's deposition, Mr. Podesta saw Bruce Lindsey, Deputy White House Counsel, at the White House and inquired how the deposition went. According to Mr. Podesta, Mr. Lindsey said that the President had been asked about Monica Lewinsky.⁽¹⁰⁴⁷⁾ Mr. Lindsey testified that, during a break in the President's deposition, the President had told him that Ms. Lewinsky's name had come up.⁽¹⁰⁴⁸⁾

That same evening, Mr. Lindsey met with the President in the Oval Office, where they discussed the deposition.⁽¹⁰⁴⁹⁾ Mr. Lindsey, relying on the attorney-client, presidential communication, deliberative process, and work-product privileges, declined to say what specifically was discussed at this meeting.

B. The President Meets with Ms. Currie

Soon after the deposition, the President called Ms. Currie and asked her to come to the White House the next day.⁽¹⁰⁵⁰⁾ Ms. Currie acknowledged that, "It's rare for [the President] to ask me to come in on Sunday."⁽¹⁰⁵¹⁾ The President wanted to discuss Ms. Lewinsky's White House visits.⁽¹⁰⁵²⁾

At approximately 5:00 p.m. on Sunday, January 18, 1998, Ms. Currie met with the President.⁽¹⁰⁵³⁾ The meeting took place at her desk outside the Oval Office. According to Ms. Currie, the President appeared "concerned."⁽¹⁰⁵⁴⁾ He told Ms. Currie that, during his deposition the previous day, he had been asked questions about Monica Lewinsky.⁽¹⁰⁵⁵⁾ Ms. Currie testified: "I think he said, 'There are several things you may want to know.'"⁽¹⁰⁵⁶⁾ He proceeded to make a series of statements,⁽¹⁰⁵⁷⁾ one right after the other:⁽¹⁰⁵⁸⁾

• "You were always there when she was there, right?"
• "We were never really alone."
• "Monica [Lewinsky] came on to me, and I never touched her, right?"
• "You can see and hear everything, right?"⁽¹⁰⁵⁹⁾

Ms. Currie testified that, based on his demeanor and the way he made the statements, the President wanted her to agree with them.⁽¹⁰⁶⁰⁾

Ms. Currie testified that she did, in fact, agree with the President when he said, "You were always there when she was there, right?"⁽¹⁰⁶³⁾ Before the grand jury, however, Ms. Currie acknowledged the possibility that Ms. Lewinsky could have visited the President when she was not at the White House.⁽¹⁰⁶⁴⁾

With respect to whether the President was "never really alone" with Ms. Lewinsky, Ms. Currie testified that there were several occasions when the President and Ms. Lewinsky were either in the Oval Office or in the study without anyone else present.⁽¹⁰⁶⁵⁾

Ms. Currie explained that she did not consider the President and Ms. Lewinsky to be "alone" on such occasions because she was at her desk outside the Oval Office; accordingly, they were all together in the same "general area."⁽¹⁰⁶⁶⁾ Ms. Currie testified that "the President, for all intents and purposes, is never alone. There's always somebody around him."⁽¹⁰⁶⁷⁾

As to whether Ms. Lewinsky "came on" to him, Ms. Currie testified that she "would have no reason to know" whether Ms. Lewinsky ever "came on" to the President because Ms. Currie was not present all the time.⁽¹⁰⁶⁸⁾ Finally, as to whether she "could see and hear everything," Ms. Currie testified that she should not have agreed with the President.⁽¹⁰⁶⁹⁾ She testified that when the President and Ms. Lewinsky were alone together in the study, while Ms. Currie was at her desk, she could "hear nothing."⁽¹⁰⁷⁰⁾

The President also made the following statement during their January 18, 1998 meeting, according to Ms. Currie: "[Monica Lewinsky] wanted to have sex with me, but I told her I couldn't do that."⁽¹⁰⁷¹⁾

When the President was questioned about this meeting with Ms. Currie in the grand jury, he testified that he recalled the conversation, but he denied that he was "trying to get Betty Currie to say something that was untruthful."⁽¹⁰⁷²⁾ Rather, the President testified that he asked a "series of questions" in an effort to quickly "refresh [his] memory."⁽¹⁰⁷³⁾ The President explained: "I wanted to establish . . . that Betty was there at all other times in the complex, and I wanted to know what Betty's memory was about what she heard, what she could hear . . . . [a]nd I was trying to figure [it] out . . . in a hurry because I knew something was up."⁽¹⁰⁷⁴⁾

In his grand jury testimony, the President acknowledged that, "in fairness," Ms. Currie "may have felt some ambivalence about how to react" to his statements.⁽¹⁰⁷⁵⁾ The President maintained that he was trying to establish that Ms. Currie was "always there," and could see and hear everything.⁽¹⁰⁷⁶⁾ At the same time, he acknowledged that he had always tried to prevent Ms. Currie from learning about his relationship with Ms. Lewinsky.⁽¹⁰⁷⁷⁾ "[I] did what people do when they do the wrong thing. I tried to do it where nobody else was looking at it."⁽¹⁰⁷⁸⁾

The President was also asked about his statement that Ms. Currie was always in the Oval Office when Ms. Lewinsky visited. He explained that he may have intended the term "Oval Office" to include the entire Oval Office complex.⁽¹⁰⁷⁹⁾ The President further explained, "I was talking about 1997. I was never, ever trying to get Betty Currie to claim that on the occasions when Monica Lewinsky was there when she wasn't anywhere around, that she was."⁽¹⁰⁸⁰⁾ When asked whether he restricted his remarks to the year 1997, the President responded, "Well, I don't recall whether I did or not, but . . . I assumed [Ms. Currie] knew what I was talking about."⁽¹⁰⁸¹⁾

When questioned about his statement to Ms. Currie, "you

could see and hear everything," the President responded:

My memory of that was that, that she had the ability to hear what was going on if she came in the Oval Office from her office. And a lot of times, you know, when I was in the Oval Office, she just had the door open to her office. Then there was -- the door was never completely closed to the hall. So, I think there was -- I'm not entirely sure what I meant by that, but I could have meant that she generally would be able to hear conversations, even if she couldn't see them. And I think that's what I meant.⁽¹⁰⁸²⁾

Finally, when asked about his statement to Ms. Currie that "Monica came on to me and I never touched her," the President refused to answer.⁽¹⁰⁸³⁾

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

In the wake of her Sunday afternoon session, Ms. Currie paged Ms. Lewinsky four times.⁽¹⁰⁸⁴⁾ She testified that the President "may have asked me to call [Ms. Lewinsky] to see what she knew or where she was or what was happening."⁽¹⁰⁸⁵⁾ Later that evening, at 11:02 p.m., the President called Ms. Currie to ask whether she had spoken to Ms. Lewinsky.⁽¹⁰⁸⁶⁾

Over a two-hour span the next morning, Monday, January 19, 1998, Ms. Currie made eight unsuccessful attempts to contact Ms. Lewinsky, by either pager or telephone.⁽¹⁰⁸⁷⁾ After speaking with the President to let him know that she was unable to reach Ms. Lewinsky, Ms. Currie again paged her.⁽¹⁰⁹¹⁾ The purpose of these calls, according to Ms. Currie, was to tell Ms. Lewinsky that her name had been mentioned in the President's deposition.⁽¹⁰⁹²⁾

Mr. Jordan also tried unsuccessfully to reach Ms. Lewinsky that morning.⁽¹⁰⁹⁴⁾ That afternoon, Mr. Jordan met with the President in the Oval Office.⁽¹⁰⁹⁵⁾ Later, Ms. Lewinsky's attorney, Frank Carter, called Mr. Jordan and told him that Ms. Lewinsky had obtained new counsel, William Ginsburg and Nathaniel Speights.⁽¹⁰⁹⁶⁾ Mr. Jordan passed this information on to the President that evening in a seven-minute phone conversation.⁽¹⁰⁹⁷⁾

D. January 20-22: Lewinsky Story Breaks

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

1. "Clinton Accused"

On Wednesday, January 21, 1998, the Washington Post published a story entitled "Clinton Accused of Urging Aide to Lie; Starr Probes Whether President Told Woman to Deny Alleged Affair to Jones's Lawyers."⁽¹⁰⁹⁸⁾ The White House learned the essentials of the Post story on the night of January 20, 1998.⁽¹⁰⁹⁹⁾

President Clinton placed a number of phone calls that night and the following morning.⁽¹¹⁰⁰⁾ From 12:08 a.m. to 12:39 a.m., he spoke with his personal attorney, Robert Bennett. Mr. Bennett would be quoted in the Post article as saying, "The President adamantly denies he ever had a relationship with Ms. Lewinsky and she has confirmed the truth of that."⁽¹¹⁰¹⁾ He added: "This story seems ridiculous and I frankly smell a rat."⁽¹¹⁰²⁾

Immediately after his call to Mr. Bennett, President Clinton called Deputy White House Counsel Bruce Lindsey; they spoke for about half an hour, until 1:10 a.m.⁽¹¹⁰³⁾

At 1:16 a.m., the President called Ms. Currie at home and spoke to her for 20 minutes. Ms. Currie testified that the President was concerned that her name was mentioned in the Post article.⁽¹¹⁰⁴⁾ Soon after this call, the President called Mr. Lindsey.⁽¹¹⁰⁵⁾

A few hours later, at approximately 6:30 a.m., the President called Mr. Jordan in New York City to tell him, according to Mr. Jordan, that the Post story was untrue.⁽¹¹⁰⁶⁾ From 7:14 a.m. to 7:22 a.m., the President spoke again with Mr. Lindsey.⁽¹¹⁰⁷⁾

Responding to the Post story that day, the White House issued a statement, personally approved by the President, declaring that he was "outraged by these allegations" and that "he has never had an improper relationship with this woman." White House spokesperson Mike McCurry said that the statement "was prepared by the Counsel's office, and I reviewed it with the President to make sure that it reflected what he wanted me to say . . . He looked at it, and he said fine. . . . It was prepared in consultation between the lawyers and the President. The Counsel's Office gave it to me. I wanted to, of course, verify that that's exactly what the President wanted me to say."⁽¹¹⁰⁸⁾

2. Denials to Aides

According to Mr. Lindsey, the remainder of the morning was spent in a series of meetings about the Lewinsky matter, including preparing the President for anticipated Lewinsky-related questions in three previously scheduled media interviews.⁽¹¹⁰⁹⁾ At these meetings, President Clinton denied the allegations to several of his top aides.

The President met with Chief of Staff Erskine Bowles, along with his two deputies, John Podesta and Sylvia Matthews. According to Mr. Bowles, the President told them, "I want you to know I did not have sexual relationships with this woman, Monica Lewinsky. I did not ask anybody to lie. And when the facts come out, you'll understand."⁽¹¹¹⁰⁾ The President made a similar denial that morning to Harold Ickes, his former Deputy Chief of Staff.⁽¹¹¹¹⁾ The President also discussed the matter with Ms. Currie for a second time.⁽¹¹¹²⁾ According to Ms. Currie, the President called her into the Oval Office and gave a "sort of a recapitulation of what we had talked about on Sunday -- you know, 'I was never alone with her' -- that sort of thing."⁽¹¹¹³⁾ The President spoke with the same tone and demeanor that he used during his previous session with her.⁽¹¹¹⁴⁾ Ms. Currie testified that the President may have mentioned that she might be asked about Ms. Lewinsky.⁽¹¹¹⁵⁾

Later that day, the President summoned Sidney Blumenthal to the Oval Office. They spoke for about 30 minutes.⁽¹¹¹⁶⁾ The President said to Mr. Blumenthal, "I haven't done anything wrong."⁽¹¹¹⁷⁾ Mr. Blumenthal testified that the President told him, "Monica Lewinsky came on to me and made a sexual demand on me." The President said that he "rebuffed her."⁽¹¹¹⁹⁾ The President also told Mr. Blumenthal that Ms. Lewinsky had "threatened him. She said that she would tell people they'd had an affair, that she was known as the stalker among her peers, and that she hated it and if she had an affair or said she had an affair then she wouldn't be the stalker any more."⁽¹¹²⁰⁾ Mr. Blumenthal then asked the President whether he and Ms. Lewinsky were alone when she threatened him. The President responded, "Well, I was within eyesight or earshot of someone."⁽¹¹²¹⁾

According to Mr. Blumenthal, the President complained: "I feel like a character in a novel. I feel like somebody who is surrounded by an oppressive force that is creating a lie about me and I can't get the truth out. I feel like the character in the novel Darkness at Noon."⁽¹¹²²⁾

Soon thereafter, in the course of a meeting about the progress of the President's State of the Union address, the President made a second denial of the allegations to Mr. Podesta.⁽¹¹²³⁾ Mr. Podesta testified:

[H]e said to me that he had never had sex with her, and that -- and that he never asked -- you know, he repeated the denial, but he was extremely explicit in saying he never had sex with her . . . . Well, I think he said -- he said that -- there was some spate of, you know, what sex acts were counted, and he said that he had never had sex with her in any way whatsoever -- that they had not had oral sex.⁽¹¹²⁴⁾

The President was asked during his grand jury appearance whether he recalled denying a sexual relationship with Ms. Lewinsky to his senior aides and advisors, including Mr. Bowles, Mr. Podesta, Mr. Blumenthal, Mr. Ickes, and Mr. Jordan.⁽¹¹²⁶⁾ The President did not recall specific details but did remember the following:

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

And I believe, sir, that -- you'll have to ask them what they thought. But I was using those terms in the normal way people use them.⁽¹¹²⁷⁾

The President testified that he had said "things that were true about this relationship. That I used -- in the language I used, I said, there's nothing going on between us. That was true.⁽¹¹²⁸⁾ I said I did not have sex with her as I defined it. That was true."⁽¹¹²⁹⁾ The President qualified this answer, however: "I said things that were true. They may have been misleading, and if they were I have to take responsibility for it, and I'm sorry."⁽¹¹³⁰⁾

3. Initial Denials to the American Public

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

Q: Mr. President, . . . . [m]any Americans woke up to the news today that the Whitewater independent counsel is investigating an allegation that you . . . encouraged a young woman to lie to lawyers in the Paula Jones civil suit. Is there any truth to that allegation?

WJC: No, sir, there's not. It's just not true.

Q: Is there any truth to the allegation of an affair between you and the young woman?

WJC: No. That's not true either. . . . The charges are not true. And I haven't asked anybody to lie.⁽¹¹³¹⁾

That evening, the President appeared on the PBS program "The News Hour with Jim Lehrer." He was asked again whether the allegation of an affair with a White House intern was true. The President replied, "That is not true. That is not true. I did not ask anyone to tell anything other than the truth. There is no improper relationship. And I intend to cooperate with this inquiry. But that is not true." When asked to define what he meant by the term "improper relationship," the President answered, "Well, I think you know what it means. It means that there is not a sexual relationship, an improper sexual relationship, or any other kind of improper relationship."⁽¹¹³²⁾

The following morning, on January 22, 1998, the President again denied he had done anything improper. Speaking at a televised White House photo opportunity with Palestinian Authority Chairman Yasser Arafat, the President stated: "[T]he allegations are false, and I would never ask anybody to do anything other than tell the truth. That is false."⁽¹¹³³⁾

The President also gave an interview to Roll Call that day. He stated: "[T]he relationship was not improper, and I think that's important enough to say. . . . But let me answer -- it is not an improper relationship and I know what the word means. . . . The relationship was not sexual. And I know what you mean, and the answer is no."⁽¹¹³⁴⁾

At each of these interviews, the President pledged he would cooperate fully with the investigation. On NPR, the President stated: "I have told people that I would cooperate in the investigation, and I expect to cooperate with it. I don't know any more about it, really, than you do. But I will cooperate. . . . I'm doing my best to cooperate with the investigation."⁽¹¹³⁵⁾ To Mr. Lehrer, he said: "[W]e are doing the best to cooperate here, but we don't know much yet. . . . I think it's important that we cooperate, I will cooperate, but I want to focus on the work at hand."⁽¹¹³⁶⁾

In his photo opportunity with Mr. Arafat, the President stated:

[T]he American people have a right to get answers. We are working very hard to comply, get all the requests for information up here. And we will give you as many answers as we can, as soon as we can, at the appropriate time, consistent with our obligation to also cooperate with the investigations. And that's not a dodge; that's really what I've -- I've talked with our people. I want to do that. I'd like for you to have more rather than less, sooner rather than later. So we will work through it as quickly as we can and get all those questions out there to you."⁽¹¹³⁷⁾

Finally, in his Roll Call interview, the President vowed: "I'm going to cooperate with this investigation. . . . And I'll cooperate."⁽¹¹³⁸⁾

4. "We Just Have To Win"

Amidst the flurry of press activity on January 21, 1998, the President's former political consultant, Dick Morris, read the Post story and called the President.⁽¹¹³⁹⁾ According to Mr. Morris, he told the President, "You poor son of a bitch. I've just read what's going on."⁽¹¹⁴⁰⁾ The President responded, Mr. Morris recalled, "Oh, God. This is just awful. . . . I didn't do what they said I did, but I did do something. I mean, with this girl, I didn't do what they said, but I did . . . do something⁽¹¹⁴¹⁾. . . . And I may have done enough so that I don't know if I can prove my innocence. . . . There may be gifts. I gave her gifts, . . . . [a]nd there may be messages on her phone answering machine."⁽¹¹⁴²⁾

Mr. Morris assured the President, "[t]here's a great capacity for forgiveness in this country and you should consider tapping into it."⁽¹¹⁴³⁾ The President said, "But what about the legal thing? You know, the legal thing? You know, Starr and perjury and all. . . . You know, ever since the election, I've tried to shut myself down. I've tried to shut my body down, sexually, I mean. . . . But sometimes I slipped up and with this girl I just slipped up."⁽¹¹⁴⁴⁾

Mr. Morris suggested that he take a poll on the voters' willingness to forgive confessed adultery. The President agreed.⁽¹¹⁴⁵⁾

Mr. Morris telephoned the President later that evening with the poll results, which showed that the voters were "willing to forgive [the President] for adultery, but not for perjury or obstruction of justice[.]"⁽¹¹⁴⁶⁾ When Mr. Morris explained that the poll results suggested that the President should not go public with a confession or explanation, he replied, "Well, we just have to win, then."⁽¹¹⁴⁷⁾

The President had a follow-up conversation with Mr. Morris during the evening of January 22, 1998, when Mr. Morris was considering holding a press conference to "blast Monica Lewinsky 'out of the water.'"⁽¹¹⁴⁸⁾ The President told Mr. Morris to "be careful". According to Mr. Morris, the President warned him not to "be too hard on [Ms. Lewinsky] because there's some slight chance that she may not be cooperating with Starr and we don't want to alienate her by anything we're going to put out."⁽¹¹⁴⁹⁾

Meanwhile, in California, the President's good friend and Hollywood producer, Harry Thomason, had seen the President's interview with Jim Lehrer on televison.⁽¹¹⁵⁰⁾ Mr. Thomason, who had occasionally advised the President on matters relating to the media, traveled to Washington, D.C., and met with him the next day.⁽¹¹⁵¹⁾ Mr. Thomason told the President that "the press seemed to be saying that [the President's comments were] weak" and that he, Mr. Thomason, "thought his response wasn't as strong as it could have been."⁽¹¹⁵²⁾ Mr. Thomason recommended that the President "should explain it so there's no doubt in anybody's mind that nothing happened."⁽¹¹⁵³⁾ The President agreed: "You know, you're right. I should be more forceful than that."⁽¹¹⁵⁴⁾

In the ensuing days, the President, through his Cabinet, issued a number of firm denials. On January 23, 1998, the President started a Cabinet meeting by saying the allegations were untrue.⁽¹¹⁵⁵⁾ Afterward, several Cabinet members appeared outside the White House. Madeline Albright, Secretary of State, said: "I believe that the allegations are completely untrue." The others agreed. "I'll second that, definitely," Commerce Secretary William Daley said. Secretary of Education Richard Riley and Secretary of Health and Human Services Donna Shalala concurred.⁽¹¹⁵⁶⁾

The next day, Ann Lewis, White House Communications Director, publicly announced that "those of us who have wanted to go out and speak on behalf of the president" had been given the green light by the President's legal team.⁽¹¹⁵⁷⁾ She reported that the President answered the allegations "directly" by denying any improper relationship. She believed that, in issuing his public denials, the President was not "splitting hairs, defining what is a sexual relationship, talking about 'is' rather than was.⁽¹¹⁵⁸⁾ You know, I always thought, perhaps I was naive, since I've come to Washington, when you said a sexual relationship, everybody knew what that meant." Ms. Lewis expressly said that the term includes "oral sex."⁽¹¹⁵⁹⁾

* * *

On Monday, January 26, 1998, in remarks in the Roosevelt Room in the White House, President Clinton gave his last public statement for several months on the Lewinsky matter. At an event promoting after-school health care, the President denied the allegations in the strongest terms: "I want to say one thing to the American people. I want you to listen to me. I'm going to say this again: I did not have sexual relations with that woman, Miss Lewinsky. I never told anybody to lie, not a single time. Never. These allegations are false."⁽¹¹⁶⁰⁾

1. Lewinsky 8/6/98 GJ at 31-32, 39-40; DB Photos 0004 (photo of dress).

2. FBI Lab Report, 8/3/98.

3. OIC letter to David Kendall, 7/31/98 (1st letter of day).

4. Kendall letter to OIC, 7/31/98; OIC letter to Kendall, 7/31/98 (2d letter of day); Kendall letter to OIC, 8/3/98; OIC letter to Kendall, 8/3/98.

5. FBI Observation Report (White House), 8/3/98.

6. FBI Lab Reports, 8/6/98 & 8/17/98. The FBI Laboratory performed polymerase chain reaction analysis (PCR) and restriction fragment length polymorphisim analysis (RFLP). RFLP, which requires a larger sample, is the more precise method. United States v. Hicks, 103 F.3d 837, 844-847 (9th Cir. 1996).

7. FBI Lab Report, 8/17/98, at 2.

8. Lewinsky 7/27/98 Int. During earlier negotiations with this Office, Ms. Lewinsky provided a 10-page handwritten proffer statement summarizing her dealings with the President and other matters under investigation. Lewinsky 2/1/98 Statement. Ms. Lewinsky later confirmed the accuracy of the statement in grand jury testimony. Lewinsky 8/20/98 GJ at 62-63. The negotiations in January and February 1998 (which produced the written proffer) did not result in a cooperation agreement because Ms. Lewinsky declined to submit to a face-to-face proffer interview, which the OIC deemed essential because of her perjurious Jones affidavit, her efforts to persuade Linda Tripp to commit perjury, her assertion in a recorded conversation that she had been brought up to regard lying as necessary, and her forgery of a letter while in college. In July 1998, Ms. Lewinsky agreed to submit to a face-to-face interview, and the parties were able to reach an agreement.

9. Ex. ML-7 to Lewinsky 8/6/98 GJ.

10. Lewinsky 8/26/98 Depo. at 5-6; Lewinsky 8/6/98 GJ at 27-28.

11. Lewinsky 8/26/98 Depo. at 69.

12. Lewinsky 8/6/98 GJ at 59-60, 87; Lewinsky 8/20/98 GJ at 82; Lewinsky 8/24/98 Int. at 8.

13. Ms. Tripp testified that she took notes on two occasions. Tripp 6/30/98 GJ at 141-42; Tripp 7/7/98 GJ at 153-54; Tripp 7/16/98 GJ at 112-13.

14. Kassorla 8/28/98 Int. at 2-3. Ms. Lewinsky (who voluntarily waived therapist-patient privilege) consulted Dr. Kassorla in person from 1992 to 1993 and by telephone thereafter. Id. at 1. Anticipating that the White House might fire Ms. Lewinsky in order to protect the President, Dr. Kassorla cautioned her patient that workplace romances are generally ill-advised. Id. at 2.

15. Kassorla 8/28/98 Int. at 2, 4. Ms. Lewinsky also consulted another counselor, Kathleen Estep, three times in November 1996. While diagnosing Ms. Lewinsky as suffering from depression and low self-esteem, Ms. Estep considered her self-aware, credible, insightful, introspective, relatively stable, and not delusional. Estep 8/23/98 Int. at 1-4.

16. Catherine Davis 3/17/98 GJ at 21-22.

17. Young 6/23/98 GJ at 40. See also Catherine Davis 3/17/98 GJ at 73; Erbland 2/12/98 GJ at 25 ("I never had any reason to think she would lie to me. I never knew of her to lie to me before and we talked about our boyfriends and, you know, sexual relationships throughout our friendship and I never knew her as a liar."); Finerman 3/18/98 Depo. at 113-16 (characterizing Ms. Lewinsky as trustworthy and honest); Raines 1/29/98 GJ at 87 ("I have no reason to believe that [Ms. Lewinsky's statements] were lies or made up."); Tripp 7/29/98 GJ at 187 ("There were so many reasons why I believed her. She just had way too much detail. She had detail that none of us could really conceivably have if you had not been exposed in a situation that she claimed to be."); Ungvari 3/19/98 GJ at 19 ("[s]he's never lied to me before"); id. at 21, 61-62; Young 6/23/98 GJ at 38-40.

18. Ms. Lewinsky testified that she has "always been a date-oriented person." Lewinsky 8/6/98 GJ at 28. See also Tripp 6/30/98 GJ at 141-42 (Ms. Lewinsky "had a photographic memory for the entire relationship").

19. Clinton 1/17/98 Depo. at 78, 204. The transcript of this deposition testimony appears in Document Supp. A. For reasons of privacy, the OIC has redacted the names of three women from the transcript. The OIC will provide an unredacted transcript if the House of Representatives so requests.

20. Clinton 1/17/98 Depo. at 57.

21. Clinton 1/17/98 Depo. at 54.

22. Clinton 1/17/98 Depo. at 204. Beyond his denial of a sexual relationship with Ms. Lewinsky, the President testified that he could not recall many details of their encounters. He said he could not specifically remember whether he had ever been alone with Ms. Lewinsky, or any of their in-person conversations, or any notes or messages she had sent him, or an audiocassette she had sent him, or any specific gifts he had given her. Alone together: Clinton 1/17/98 Depo. at 52-53, 56-59. Conversations: Id. at 59. Cards and letters: Id. at 62. Audiocassette: Id. at 63-64. Gifts from the President to Ms. Lewinsky: Id. at 75. When asked about their last conversation, the President referred to a December encounter when, he said, Ms. Lewinsky had been visiting his secretary and he had "stuck [his] head out" to say hello. Id. at 68. He did not mention a private meeting with Ms. Lewinsky on December 28, 1997, or a telephone conversation with her on January 5, 1998. Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7; Clinton 8/17/98 GJ at 34-36, 126-28.

23. Clinton 8/17/98 GJ at 10, 79, 81.

24. Clinton 8/17/98 GJ at 10.

25. Clinton 8/17/98 GJ at 31, 10. See also id. at 38-39.

26. Clinton 8/17/98 GJ at 10, 92-93.

27. Clinton 8/17/98 GJ at 22.

28. Clinton 8/17/98 GJ at 10, 12, 93-96.

29. 849-DC-00000586. The definition mirrors a federal criminal statute, 18 U.S.C. § 2246(3). The ellipsis in the quotation omits two paragraphs of the definition that Judge Wright ruled inapplicable. Clinton 1/17/98 Depo. at 21-22. The President testified that he considered the definition "rather strange," and at one point he spoke of "people being drawn into a lawsuit and being given definitions, and then a great effort to trick them in some way." Clinton 8/17/98 GJ at 19, 22. He acknowledged, however, that the definition "was the one the Judge decided on and I was bound by it." Clinton 8/17/98 GJ at 19.

30. Clinton 8/17/98 GJ at 15, 93, 100, 102.

31. Clinton 8/17/98 GJ at 151.

32. Clinton 8/17/98 GJ at 168.

33. Clinton 8/17/98 GJ at 102-105, 167-68.

34. Clinton 8/17/98 GJ at 95-96, 100, 110, 139. The President did not always specify that the contact had to be direct. Id. at 15 ("[m]y understanding of the definition is it covers contact by the person being deposed with the enumerated areas, if the contact is done with an intent to arouse or gratify"); id. at 16 (definition covers "[a]ny contact with the areas there mentioned").

35. Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7. These numbers include occasions when one or both of them had direct contact with the other's genitals, but not occasions when they merely kissed. On the timing of some of their sexual encounters, Ms. Lewinsky's testimony is at odds with the President's. According to Ms. Lewinsky, she and the President had three sexual encounters in 1995 (the President said he recalled none) and two sexual encounters in 1997 (not one, as the President testified). Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7; Lewinsky 8/26/98 Depo. at 6; Clinton 8/17/98 GJ at 9-10. The President's account omits the two 1995 encounters when Ms. Lewinsky was an intern (as well as one 1995 encounter when she worked on the White House staff), and it treats the 1997 encounter that produced the semen-stained dress as a single aberration.

36. Lewinsky 8/6/98 GJ at 34-36; Lewinsky 8/20/98 GJ at 17; Lewinsky 7/27/98 Int. at 2; Lewinsky 7/31/98 Int. at 4; Catherine Davis 3/17/98 GJ at 16; Erbland 2/12/98 GJ at 27-28, 43-44; Finerman 3/18/98 Depo. at 32; Kassorla 8/28/98 Int. at 2; Raines 1/29/98 GJ at 32-33; Tripp 7/2/98 GJ at 54, 101; Tripp 7/7/98 GJ at 171; Ungvari 3/19/98 GJ at 19, 25.

37. Lewinsky 8/6/98 GJ at 35; Lewinsky 7/27/98 Int. at 2.

38. Lewinsky 8/6/98 GJ at 12, 21; Lewinsky 2/1/98 Statement at 1. See also Andrew Bleiler 1/28/98 Int. at 3; Catherine Davis 3/17/98 GJ at 21; Kassorla 8/28/98 Int. at 2; Tripp 7/2/98 GJ at 100, 104-107; Ungvari 3/19/98 GJ at 23.

39. Lewinsky 8/6/98 GJ at 19; Catherine Davis 3/17/98 GJ at 20; Erbland 2/12/98 GJ at 29, 44; Ungvari 3/19/98 GJ at 20; Young 6/23/98 GJ at 37-38; but see Raines 1/29/98 GJ at 43 (testifying that she was "pretty sure" that Ms. Lewinsky spoke of reciprocal oral sex); Tripp GJ 7/2/98 at 101 (testifying that she understood that, on rare occasions, the President reciprocated).

40. Lewinsky 8/6/98 GJ at 38-39. See also Lewinsky 8/20/98 GJ at 24.

41. Lewinsky 8/6/98 GJ at 19-20, 38-39; Ungvari 3/19/98 GJ at 23-24.

42. Lewinsky 7/30/98 Int. at 5-13, 15-16; Lewinsky 8/6/98 GJ at 19-21; Lewinsky 8/20/98 GJ at 31-32, 40, 67-69; Lewinsky 8/26/98 Depo. at 20, 30-31, 50; Andrew Bleiler 1/28/98 Int. at 3; Catherine Davis 3/17/98 GJ at 20-21, 169; Erbland 2/12/98 GJ at 29, 43-45; Estep 8/23/98 Int. at 2; Kassorla 8/28/98 Int. at 2; Ungvari 3/19/98 GJ at 23-24.

43. Clinton 8/17/98 GJ at 10; Lewinsky 8/26/98 Depo. at 5. In Ms. Lewinsky's recollection, the friendship started to develop following their sixth sexual encounter, when the President sat down and talked with her for about 45 minutes after she had complained that he was making no effort to get to know her. Lewinsky 8/26/98 Depo. at 23, 33-34.

44. Lewinsky 8/20/98 GJ at 59. See also id. at 52; Lewinsky 8/6/98 GJ at 168. After the President's August 1998 speech acknowledging improper conduct with Ms. Lewinsky, she testified that she was no longer certain of her feelings because, in her view, he had depicted their relationship as "a service contract, that all I did was perform oral sex on him and that that's all that this relationship was. And it was a lot more than that to me . . . ." Lewinsky 8/20/98 GJ at 54. See also id. at 53-56, 102-104.

45. MSL-55-DC-0178 (document retrieved from Ms. Lewinsky's home computer); Catherine Davis 3/17/98 GJ at 147; Erbland 2/12/98 GJ at 92.

46. Lewinsky 8/20/98 GJ at 52; T1 at 101. See also Marcia Lewis 2/11/98 GJ at 7; Catherine Davis 3/17/98 GJ at 182.

47. Lewinsky 8/6/98 GJ at 18.

48. Lewinsky 7/27/98 Int. at 6; Currie 5/7/98 GJ at 60; Catherine Davis 3/17/98 GJ at 27; Raines 1/29/98 GJ at 53; Ungvari 3/19/98 GJ at 45; Young 6/23/98 GJ at 47; ⁽⁴⁹⁾

49. --

50. Lewinsky 7/27/98 Int. at 6.

51. Lewinsky 8/26/98 Depo. at 55-57; Lewinsky 7/27/98 Int. at 6.

52. Marcia Lewis 2/11/98 GJ at 7-8.

53. Erbland 2/12/98 GJ at 84. See also Lewinsky 8/26/98 Depo. at 56-57; Catherine Davis 3/17/98 GJ at 166-67. In late 1997, Ms. Lewinsky asked Vernon Jordan whether he believed that the Clintons would remain married. Lewinsky 2/1/98 Statement at 8; Jordan 3/3/98 GJ at 150.

54. Lewinsky 8/6/98 GJ at 17. See also Lewinsky 8/26/98 Depo. at 24; Lewinsky 8/24/98 Int. at 6; Tripp 7/7/98 GJ at 172.

55. Raines 1/29/98 GJ at 39. See also Catherine Davis 3/17/98 GJ at 18; Finerman 3/18/98 Depo. 47-49; Raines 1/29/98 GJ at 47-48; Tripp 7/14/98 GJ at 77, 79-81.

56. Lewinsky 8/6/98 GJ at 52-53.

57. Lewinsky 8/6/98 GJ at 52.

58. Lewinsky 8/6/98 GJ at 21-23; Lewinsky 7/27/98 Int. at 2. See also Catherine Davis 3/17/98 GJ at 36; Erbland 2/12/98 GJ at 38-39, 43; Finerman 3/18/98 Depo. at 26-29, 110, 116-17; Raines GJ at 51; Tripp 7/7/98 GJ at 62-63, 65-66; Ungvari 3/19/98 GJ at 81.

59. Lewinsky 8/6/98 GJ at 44; Lewinsky 8/24/98 Int. at 5; Currie 5/14/98 GJ at 131-32, 136, 141; Currie 7/22/98 GJ at 35, 77.

60. Lewinsky 8/20/98 GJ at 55.

61. Lewinsky 8/6/98 GJ at 23.

62. Lewinsky 8/6/98 GJ at 23-24; Lewinsky 7/27/98 Int. at 2. See also Catherine Davis 3/17/98 GJ at 36-37; Erbland 2/12/98 GJ at 38-39; Raines 1/29/98 GJ at 51; Ungvari 3/19/98 GJ at 81. Ms. Lewinsky gave the President a novel about phone sex, Vox by Nicholson Baker. Lewinsky 7/27/98 Int. at 13; 1361-DC-00000030 (White House list of books in private study, including Vox).

63. Lewinsky 7/30/98 Int. at 15.

64. Lewinsky 8/6/98 GJ at 23; Lewinsky 8/20/98 GJ at 6. The messages, on tapes that Ms. Lewinsky turned over to the OIC, are as follows: "Aw, shucks." "Hey." "Come on. It's me." "Sorry I missed you." Lewinsky 8/6/98 GJ at 22-23; Lewinsky 7/29/98 Int. at 3, 5; Lewinsky 8/3/98 Int. at 6.

65. Lewinsky 8/6/98 GJ at 22-23; Catherine Davis 3/17/98 GJ at 28-29; Erbland 2/12/98 GJ at 49; Kassorla 8/28/98 Int. at 4; Raines 1/29/98 GJ at 89; Tripp 7/2/98 GJ at 89; Tripp 7/9/98 GJ at 95-97, 104-105; Ungvari 3/19/98 GJ at 31-33.

66. Lewinsky 8/6/98 GJ at 67-69.

67. Lewinsky 8/6/98 GJ at 74-75.

68. Lewinsky 8/6/98 GJ at 114.

69. Clinton 8/17/98 GJ at 10.

70. Clinton 8/17/98 GJ at 47, 51.

71. Clinton 8/17/98 GJ at 47, 124.

72. Lewinsky 8/6/98 GJ at 25-26.

73. Lewinsky 7/27/98 Int. at 12. See also MSL-55-DC-0184 - 186 (eight-line poem recovered from Ms. Lewinsky's home computer that refers to President as "the Boss with whom we're all smitten" and wishes him "Happy National Boss Day!").

74. V006-DC-00000167; V006-DC-00000181 (gift record and donor information); V006-DC-00003646 (correspondence history).

75. V006-DC-00000157 - 158 (gift record and donor information).

76. Lewinsky 8/11/98 Int. at 2; V006-DC-00000178 (autographed photo).

77. Few of Ms. Lewinsky's subsequent gifts were logged. Of the roughly 30 gifts (including several antiques) that, in her account, she gave the President, White House records show only the matted poem from interns, two or three neckties (records conflict), and a T-shirt. V006-DC-00000157; V006-DC-00000162; V006-DC-00000167; V006-DC-00000180; V006-DC-00000181; V006-DC-00003714; V006-DC-00003715.

78. MSL-55-DC-0177.

79. Lewinsky 8/26/98 Depo. at 5-6 & Ex. ML-7. In response to a January 20, 1998, subpoena seeking "any and all gifts . . . to or from Monica Lewinsky . . . including

. . . any tie, mug, paperweight, book, or other article," the President turned over a necktie, two antique books, a mug, and a silver standing holder for cigars or cigarettes. Subpoena V002; V002-DC-00000001; V002-DC-00000469. A subpoena dated July 17, 1998, identified specific gifts, including Vox, a novel about phone sex by Nicholson Baker that, according to Ms. Lewinsky, she gave the President in March 1997. Lewinsky 8/6/98 GJ at 183-84; Lewinsky 7/27/98 Int. at 13; Subpoena D1415. The President did not produce Vox in response to either subpoena, though his attorney represented that "the President has complied with [the] grand jury subpoenas." David Kendall Letter to OIC, 8/31/98. Vox, however, does appear on an October 1997 list of books in the President's private study, and Ms. Lewinsky saw it in the study on November 13, 1997. 1361-DC-00000030; Lewinsky 8/6/98 GJ at 183-84.

80. Lewinsky 8/26/98 Depo. at 5-6 & Ex. ML-7.

81. Lewinsky 8/20/98 GJ at 36. See also Lewinsky 8/6/98 GJ at 236; Catherine Davis 3/17/98 GJ at 153.

82. Lewinsky 8/6/98 GJ at 236; Lewinsky 8/20/98 GJ at 36; Lewinsky 8/3/98 Int. at 8; Lewinsky 8/11/98 Int. at 2-3. For example, one day after the President and Ms. Lewinsky talked by telephone on February 7, 1996, and one day after they talked on August 4, 1996, he wore a necktie she had given him. Lewinsky 8/5/98 Int. at 1; Lewinsky 8/11/98 Int. at 2-3.

83. Lewinsky 8/6/98 GJ at 236.

84. Clinton 8/17/98 GJ at 47. See also id. at 33-36, 43-46.

85. Lewinsky 8/6/98 GJ at 26.

86. Lewinsky 8/6/98 GJ at 189.

87. Lewinsky 8/6/98 GJ at 26-27.

88. Clinton 8/17/98 GJ at 48-49. In the Jones deposition, in contrast, the President was asked if he remembered anything written in Ms. Lewinsky's notes or cards to him. He testified: "No. Sometimes, you know, just either small talk or happy birthday or sometimes, you know, a suggestion about how to get more young people involved in some project I was working on. Nothing remarkable. I don't remember anything particular about it." Clinton 1/17/98 Depo. at 62.

89. Lewinsky 2/1/98 Statement at 10. See also Lewinsky 8/20/98 GJ at 62-63; Lewinsky 8/6/98 GJ at 141-42, 178-79. Ms. Lewinsky once told Betty Currie: "As long as no one saw us -- and no one did -- then nothing happened." Currie 1/27/98 GJ at 63-64.

90. Lewinsky 8/6/98 GJ at 78, 97-101; Lewinsky 7/27/98 Int. at 3.

91. Lewinsky 8/20/98 GJ at 22. See also Lewinsky 7/27/98 Int. at 9 (President assumed Ms. Lewinsky's Jones affidavit would be a denial, since their pattern had been to conceal and deny).

92. Lewinsky 8/20/98 GJ at 4; Lewinsky 8/6/98 GJ at 166-67. See also Lewinsky 7/27/98 Int. at 9-10, 12.

93. Lewinsky 8/6/98 GJ at 234.

94. Clinton 8/17/98 GJ at 38.

95. Clinton 8/17/98 GJ at 38, 119. See also id. at 80, 119, 136, 153.

96. Clinton 8/17/98 GJ at 37.

97. Lewinsky 8/6/98 GJ at 53-54. See also Lewinsky 7/27/98 Int. at 2, 11; Lewinsky 8/19/98 Int. at 4; Lewinsky 2/1/98 Statement at 1.

98. Lewinsky 8/6/98 GJ at 53-54.

99. Lewinsky 8/6/98 GJ at 54.

100. Lewinsky 8/6/98 GJ at 54-55; Lewinsky 7/30/98 Int. at 10.

101. Lewinsky 8/6/98 GJ at 54-55.

102. Lewinsky 8/6/98 GJ at 18, 53-54.

103. Lewinsky 8/6/98 GJ at 18-19; Lewinsky 2/1/98 Statement at 1.

104. Lewinsky 8/20/98 GJ at 105; Lewinsky 2/1/98 Statement at 1.

105. Lewinsky 8/20/98 GJ at 22.

106. Lewinsky 2/1/98 Statement at 4; Lewinsky 8/6/98 GJ at 123, 233.

107. Clinton 1/17/98 Depo. at 50-51, 68.

108. Clinton 8/17/98 GJ at 118-19.

109. Clinton 8/17/98 GJ at 119. The President did not elaborate on his understanding of the words "ask[]" or "lie" in that statement. In other exchanges, he indicated that he construes some words narrowly. Id. at 59 (accuracy of particular statement "depends on what the meaning of the word 'is' is"); id. at 107 ("I have not had sex with her as I defined it"); id. at 134 ("it depends on how you define alone"); id. ("there were a lot of times when we were alone, but I never really thought we were").

110. Lewinsky 8/6/98 GJ at 47. Along with weekend visits, Ms. Lewinsky sometimes saw the President on holidays: New Year's Eve, President's Day, Easter Sunday, July 4. In November 1997, she grew irritated that the President did not arrange to see her on Veterans Day. Lewinsky 9/3/98 Int. at 2.

111. Lewinsky 8/6/98 GJ at 18. See also Lewinsky 8/20/98 GJ at 7, 22.

112. Lewinsky 8/6/98 GJ at 84-85; Lewinsky 8/20/98 GJ at 7. Ms. Lewinsky told friends about White House people she tried to avoid. Tripp 6/30/98 GJ at 159-60, 164; Tripp 7/14/98 GJ at 75; T1 at 32; 1037-DC-00000318 (email from Ms. Lewinsky).

113. Lewinsky 8/6/98 GJ at 34-35; Lewinsky 8/20/98 GJ at 16-17; Lewinsky 7/31/98 Int. at 4. The study is one of the most private rooms in the White House. Fox 2/17/98 GJ at 76. See also Chinery 7/23/98 GJ at 52; Currie 5/6/98 GJ at 67; Ferguson 7/17/87 GJ at 32, 38; Maes 4/8/98 GJ at 89-90; Podesta 6/23/98 GJ at 72.

114. Lewinsky 7/31/98 Int. at 4.

115. Lewinsky 8/4/98 Int. at 4.

116. Lewinsky 8/6/98 GJ at 36. See also Lewinsky 7/31/98 Int. at 4.

117. Lewinsky 8/6/98 GJ at 36-37; Lewinsky 7/27/98 Int. at 2. According to a Secret Service officer who entered the Oval Office when the President and Ms. Lewinsky were in or near the study, the door leading from the Oval Office to the hallway was slightly ajar. Muskett 7/21/98 GJ at 36-37, 39. In his Jones deposition, the President was asked if there are doors at both ends of the hallway. He responded: "[There] are, and they're always open." Clinton 1/17/98 Depo. at 59. In early 1998, in the course of denying any sexual relationship with Ms. Lewinsky, the President repeatedly told Deputy Chief of Staff John Podesta that "the door was open." Podesta 6/16/98 GJ at 88-89.

118. Lewinsky 8/6/98 GJ at 56. See also Lewinsky 7/31/98 Int. at 3.

119. Lewinsky 7/31/98 Int. at 3.

120. Lewinsky 8/26/98 Depo. at 44-45; Lewinsky 7/30/98 Int. at 9; Lewinsky 7/31/98 Int. at 4. Ms. Lewinsky also testified about various steps she took on her own to ensure that the relationship remained secret, such as using different doors to enter and depart the Oval Office area, avoiding the President at a White House party, and referring to the President as "her" in pages to Betty Currie. Lewinsky 8/6/98 GJ at 44-45, 57, 218; Lewinsky 8/20/98 GJ at 5-6, 18; Lewinsky 7/29/98 Int. at 2-3.

121. Clinton 8/17/98 GJ at 38. See also id. at 53 (to President's knowledge, Ms. Currie did not see intimate activity between President and Ms. Lewinsky); id. at 54 ("I'd have to be an exhibitionist not to have tried to exclude everyone else.").

122. Lewinsky 8/6/98 GJ at 56.

123. Lewinsky 8/6/98 GJ at 189, 198. See also Lewinsky 8/2/98 Int. at 3. The President was under a legal obligation to turn this note over to the Jones attorneys but failed to do so.

124. Lewinsky 8/24/98 Int. at 8.

125. Clinton 8/17/98 GJ at 50. See also id. at 130-131.

126. One of these tapes, T30, is a face-to-face conversation between Ms. Tripp and Ms. Lewinsky, recorded under FBI auspices. The other, T22, is a telephone conversation between Ms. Tripp and Ms. Lewinsky, recorded by Ms. Tripp.

From these and other transcripts of recorded conversations, the OIC has redacted various brief, irrelevant, and gratuitous passages, mostly references to Ms. Lewinsky's family members. Most of these redactions are only a word or two long; others are somewhat longer. The tapes themselves have not been edited by the OIC, and the OIC will provide unredacted transcripts if the House of Representatives so requests.

Ms. Tripp produced to the OIC 27 tapes (four of which proved inaudible or blank) of her telephone conversations with Ms. Lewinsky. Ms. Tripp testified that she turned over the original recordings. She testified that she knew nothing about any duplications of the recordings, though others had access to or control over the tapes at times before they were turned over. According to a preliminary FBI examination, several of the 23 tapes containing audible conversations exhibit signs of duplication, and one tape exhibiting signs of duplication was produced by a recorder that was stopped and restarted during the recording process. These preliminary results raise questions about the reliability and authenticity of at least one recording, which in turn raise questions about the accuracy of Ms. Tripp's testimony regarding her handling of the tapes. The OIC is continuing to investigate this matter. This Referral does not quote or rely on any tapes that exhibit signs of duplication. For a fuller discussion, see Appendix, Tab I.

127. T30 at 41.

128. T30 at 41.

129. T30 at 41-42.

130. T22 at 12.

131. T22 at 12.

132. 828-DC-00000012 (resume); Lewinsky 7/27/98 Int. at 1; Walter Kaye 5/21/98 GJ at 34, 51-52; Marcia Lewis 4/3/98 Depo. at 90; Abramson 2/20/98 Int. at 1; Footlik 3/19/98 Int. at 1; 827-DC-00000003 (White House entry records for Ms. Lewinsky). President Clinton testified that Mr. Kaye is "a good friend of mine and a good friend of our administration." Clinton 1/17/98 Depo. at 61. Ms. Lewinsky turned 22 on July 23. 812-DC-00000002 (passport showing birthdate).

133. Lewinsky 8/6/98 GJ at 8; Lewinsky 8/20/98 GJ at 8; Bobowick 2/12/98 Int. at 1; Currie 1/27/98 GJ at 23-24; Panetta 1/28/98 GJ at 121-23; Palmieri 2/24/98 GJ at 12; V006-DC-00000020 (White House employee data form).

134. Lewinsky 8/3/98 Int. at 2.

135. Lewinsky 8/3/98 Int. at 2; 828-DC-00000012 (resume); V006-DC-00000225 (employment approval for the Legislative Affairs Office); V006-DC-00000198 (1995 White House intern directory); V006-DC-00002287 (record of Ms. Lewinsky's transfer).

136. Lewinsky 8/26/98 Depo. at 60.

137. Lewinsky 8/6/98 GJ at 10.

138. Lewinsky 8/6/98 GJ at 9; Lewinsky 7/27/98 Int. at 2; Lewinsky 8/3/98 Int. at 1; V006-DC-00001826 (photo showing President and Ms. Lewinsky).

139. Lewinsky 8/26/98 Depo. at 16-17 & Ex. ML-7.

140. Finerman 3/18/98 Depo. at 10-11; Ungvari 3/19/98 GJ at 15-17.

141. Facts on File 852, 868 (1995).

142. Washington Post, 11/20/95 at A19; Los Angeles Times, 11/14/95 at A15; USA Today, 11/17/95 at 4A.

143. Lewinsky 8/6/98 GJ at 10-11; Byrne 6/25/98 Depo. at 18; Byrne 7/30/98 GJ at 36; Palmieri 2/24/98 GJ at 16-19; Panetta 1/28/98 GJ at 122.

144. Goodin 2/17/98 GJ at 48-50; Griffin 5/11/98 Int. at 1; Lewinsky 8/6/98 GJ at 10-11; Palmieri 2/24/98 GJ at 20-22; Raines 1/29/98 GJ at 35-36; V006-DC-00003737 - 3744 (White House photos showing President and Ms. Lewinsky during furlough).

145. Lewinsky 8/6/98 GJ at 11.

146. Lewinsky 8/3/98 Int. at 2; Barry Toiv 3/11/98 Int. at 1 (job title).

147. Lewinsky 8/6/98 GJ at 10; Lewinsky 7/27/98 Int. at 1-2. She told others that her physical relationship with the President began during the November 1995 shutdown. Raines 1/29/98 GJ at 38; Tripp 7/2/98 GJ at 38-39. To one friend, Ms. Lewinsky specified that the relationship began on November 15, 1995. Tripp 6/30/98 GJ at 138; Tripp 7/2/98 GJ at 38-39, 80-82.

148. 827-DC-00000008. According to records, it was one of only two times during Ms. Lewinsky's tenure at the White House that she exited after midnight. 827-DC-00000003 - 16. (The other post-midnight exit was not during the furlough; it was the night of December 6-7, 1995.) As the omission of Ms. Lewinsky's November 15 afternoon exit time illustrates, White House Epass and WAVES records do not reflect all entries and exits of staff and visitors. Secret Service Representatives Barry Smith et al. 3/16/98 Int. at 3-5. See also Appendix, Tab I.

149. 1222-DC-00000156, 1222-DC-00000083 - 85 (movement logs). Times are approximate, as different logs of the President's movements sometimes vary by a few minutes. With occasional exceptions, these logs do not distinguish the President's private study from the Oval Office.

150. Lewinsky 7/27/98 Int. at 2; Lewinsky 8/24/98 Int. at 5.

151. Lewinsky 7/30/98 Int. at 5; Lewinsky 8/11/98 Int. at 7; Erbland 2/12/98 GJ at 24-25.

152. Lewinsky 8/6/98 GJ at 11; Lewinsky 7/27/98 Int. at 2; Lewinsky 7/30/98 Int. at 5.

153. Lewinsky 8/6/98 GJ at 11; Lewinsky 7/27/98 Int. at 2; Lewinsky 7/30/98 Int. at 5.

154. Lewinsky 8/6/98 GJ at 11; Lewinsky 8/26/98 Depo. at 7. Ms. Lewinsky later told confidants that the relationship began with kissing. Catherine Davis 3/17/98 GJ at 19; Finerman 3/18/98 Depo. at 31-35; Tripp 7/7/98 GJ at 151-52.

155. Lewinsky 7/30/98 Int. at 5.

156. Lewinsky 8/26/98 Depo. at 7.

157. Lewinsky 8/6/98 GJ at 12; Lewinsky 7/30/98 Int. at 5.

158. Lewinsky 8/26/98 Depo. at 7.

159. Lewinsky 8/26/98 Depo. at 7; Lewinsky 8/6/98 GJ at 12, 13.

160. Lewinsky 8/26/98 Depo. at 8; Lewinsky 7/30/98 Int. at 5.

161. Lewinsky 8/26/98 Depo. at 7-8.

162. Lewinsky 8/26/98 Depo. at 8. See also id. at 21. Earlier in the evening, Ms. Lewinsky had removed her underwear. Lewinsky Int. 9/3/98 at 1.

163. Lewinsky 8/6/98 GJ at 12-14; Lewinsky 8/26/98 Depo. at 9-10; Lewinsky 7/30/98 Int. at 6.

164. Lewinsky 8/26/98 Depo. at 10.

165. Lewinsky 8/26/98 Depo. at 11.

166. Lewinsky 9/3/98 Int. at 3; Lewinsky 8/24/98 Int. at 5; Lewinsky 7/30/98 Int. at 6.

167. Lewinsky 8/6/98 GJ at 11-12; Lewinsky 8/26/98 Depo. at 7.

168. 1362-DC-00000549 (movement logs).

169. Lewinsky 7/30/98 Int. at 6.

170. 1472-DC-00000006 - 08. Starting 11 minutes later, the President talked with other Members of Congress. Id.

171. 827-DC-00000008 (Epass records).

172. 1222-DC-00000085 (movement logs).

173. Lewinsky 8/6/98 GJ at 14. See also Lewinsky 7/30/98 Int. at 6-7.

174. Lewinsky 8/6/98 GJ at 14-15; Lewinsky 7/30/98 Int. at 7.

175. Lewinsky 8/6/98 GJ at 15-16.

176. In Ms. Currie's recollection, Ms. Lewinsky and the President were alone together for about 30 seconds. Currie 1/27/98 GJ at 33-34; Currie 5/14/98 GJ at 36-38. Ms. Hernreich testified that when delivering food during the government shutdown, Ms. Lewinsky was alone with the President for two to four minutes. Hernreich 2/26/98 GJ at 36-37. See also Hernreich 2/25/98 GJ at 12-17. Other witnesses also remembered Ms. Lewinsky's pizza delivery during the furlough. Keating 2/25/98 GJ at 31-32; Palmieri 2/24/98 GJ at 20, 53, 62. The President and Ms. Lewinsky (as well as others) appear in eight White House photographs taken on November 17; in three of them, the President is eating pizza. V006-DC-00003737 - 3744.

177. Lewinsky 8/6/98 GJ at 16; Lewinsky 8/26/98 GJ at 11-15; Lewinsky 7/30/98 Int. at 7.

178. Lewinsky 8/26/98 Depo. at 12-13; Lewinsky 7/30/98 Int. at 7.

179. Lewinsky 8/26/98 Depo. at 12; Lewinsky 7/30/98 Int. at 7.

180. Lewinsky 7/30/98 Int. at 7.

181. Lewinsky 8/26/98 Depo. at 13-14.

182. Lewinsky 8/26/98 Depo. at 13-14; Lewinsky 7/30/98 Int. at 7. One friend understood that Ms. Lewinsky and the President kissed when she brought pizza, and that Ms. Lewinsky performed oral sex on him in a later encounter. Ungvari 3/19/98 GJ at 18-19, 20, 23. One of Ms. Lewinsky's counselors understood that the relationship with the President began at a pizza party. Estep 8/23/98 Int. at 2.

183. Lewinsky 7/30/98 Int. at 7. See also Lewinsky 8/26/98 Depo. at 15.

184. 1472-DC-00000015 (phone logs). Ms. Lewinsky said that this probably was the name she heard on that date. Lewinsky 8/11/98 Int. at 5. She testified that she could not recall whether the President was on the telephone the whole time that she performed oral sex. Lewinsky 8/26/98 Depo. at 14.

185. Clinton 1/17/98 Depo. at 58.

186. Clinton 8/17/98 GJ at 31-32.

187. 827-DC-00000011 (Epass records).

188. 1222-DC-00000179 (movement logs). The President had one telephone call during this period, from 12:53 to 12:58 p.m. 1506-DC-00000029 (phone logs).

189. Lewinsky 8/26/98 Depo. at 15-16; Lewinsky 7/27/98 Int. at 3-4; Lewinsky 7/30/98 Int. at 8.

190. Lewinsky 8/26/98 Depo. at 16.

191. Lewinsky 8/26/98 Depo. at 16; Lewinsky 7/27/98 Int. at 3-4; Lewinsky 7/30/98 Int. at 8.

192. Lewinsky 8/26/98 Depo. at 16.

193. Lewinsky 8/26/98 Depo. at 16-17. See also Lewinsky 7/30/98 Int. at 8.

194. Lewinsky 7/27/98 Int. at 3-4; Lewinsky 7/30/98 Int. at 8.

195. Lewinsky 8/26/98 Depo. at 17. See also Finerman 3/18/98 Depo. at 30-32, 35.

196. Lewinsky 7/30/98 Int. at 3.

197. 1222-DC-00000325 (Secret Service duty logs).

198. Clinton 8/17/98 GJ at 31-32.

199. Clinton 8/17/98 GJ at 9-10.

200. Ms. Lewinsky understood that the President may have thought there was something improper in having a sexual relationship with an intern. Lewinsky 8/24/98 Int. at 5.

201. Clinton 8/17/98 GJ at 10.

202. As noted above, White House entry and exit records are incomplete.

203. 1222-DC-00000183 (movement logs).

204. Lewinsky 8/26/98 Depo. at 18. See also Lewinsky 7/30/98 Int. at 2, 8.

205. Lewinsky 8/26/98 Depo. at 18.

206. Lewinsky 8/26/98 Depo. at 19.

207. Lewinsky 8/26/98 Depo. at 19.

208. Lewinsky 8/26/98 Depo. at 19.

209. Lewinsky 8/26/98 Depo. at 19.

210. Lewinsky 8/26/98 Depo. at 20. They engaged in oral-anal contact as well. Id.

211. Lewinsky 8/26/98 Depo. at 38.

212. 1222-DC-00000325, 1362-DC-00001171 (Secret Service duty logs).

213. Fox 2/17/98 GJ at 33. Although Mr. Fox believed that the incident occurred in late 1995, the totality of the evidence suggests that it was on this date, January 7, 1996.

214. Fox 2/17/98 GJ at 31.

215. Fox 2/17/98 GJ at 60-61, 66-67.

216. Fox 2/17/98 GJ at 33.

217. Fox 2/17/98 GJ at 19-20, 42, 49-50.

218. Fox 2/17/98 GJ at 34-35. Officer Fox testified that the President and Ms. Lewinsky were alone. Fox 2/17/98 GJ 36-37. His sworn testimony on this point differs from the public statements of his attorney, who told reporters that Officer Fox did not know whether the two were alone. Chicago Tribune, 2/17/98 at 1C.

219. 827-DC-00000013 (Epass records).

220. 1222-DC-00000189 (movement logs). While Ms. Lewinsky was in the White House, the President had a single phone call, at 3:47 p.m. for one minute. 1506-DC-00000050 (phone logs).

221. Lewinsky 7/30/98 Int. at 9; Lewinsky 8/24/98 Int. at 6.

222. Lewinsky 8/26/98 Depo. at 22-23.

223. Lewinsky 8/26/98 Depo. at 23.

224. Lewinsky 8/26/98 Depo. at 23.

225. Lewinsky 8/26/98 Depo. at 23-24. See also Lewinsky 7/30/98 Int. at 10.

226. Lewinsky 8/26/98 Depo. at 24-25.

227. Lewinsky 8/26/98 Depo. at 25.

228. Lewinsky 8/26/98 Depo. at 26.

229. Lewinsky 8/26/98 Depo. at 26. This interruption may have been occasioned by the President's one-minute phone call at 3:47 p.m. 1506-DC-00000050 (phone logs).

230. Lewinsky 8/26/98 Depo. at 26-27. Ms. Lewinsky stated that the Blairs from Arkansas were visiting the President. Lewinsky 7/30/98 Int. at 10. This is confirmed by a Secret Service itinerary for January 21, 1996, where Diane Blair is listed as a houseguest. 1222-DC-00000024 (presidential itinerary).

231. Lewinsky 8/26/98 Depo. at 27-28; Lewinsky 7/30/98 Int. at 10; Tripp 7/7/98 GJ at 124-26, 139-143; Tripp 7/9/98 GJ at 4-5; 845-DC-00000004 (Tripp notes).

232. 1222-DC-00000196 (movement logs).

233. 1506-DC-00000068 (phone logs).

234. Lewinsky 8/26/98 Depo. at 28-29; Lewinsky 8/24/98 Int. at 6.

235. Lewinsky 8/26/98 Depo. at 29-30.

236. Lewinsky 8/26/98 Depo. at 30-31.

237. Lewinsky 8/26/98 Depo. at 31-32. They engaged in oral-anal contact as well. Id. at 30-31.

238. Lewinsky 8/26/98 Depo. at 33.

239. Lewinsky 8/26/98 Depo. at 33-34.

240. Lewinsky 8/26/98 Depo. at 33.

241. Lewinsky 8/26/98 Depo. at 33-34; Lewinsky 8/24/98 Int. at 6; Tripp 7/7/98 GJ at 169-71; 845-DC-00000006 (Tripp notes).

242. 1222-DC-00000197, 1222-DC-00000102 (movement logs).

243. 1506-DC-00000102 (phone logs).

244. Lewinsky 7/30/98 Int. at 11; Lewinsky 8/24/98 Int. at 6.

245. Lewinsky 7/30/98 Int. at 3, 11-12.

246. Lewinsky 7/30/98 Int. at 3, 11.

247. Lewinsky 8/6/98 GJ at 24; Lewinsky 7/29/98 Int. at 3.

248. Lewinsky 7/30/98 Int. at 11. Ms. Lewinsky later recounted the episode to several others. Erbland 2/12/98 GJ at 46-47; Finerman 3/18/98 Depo. at 47; Tripp 7/7/98 GJ at 175-76; Ungvari 3/19/98 GJ at 80.

249. Lewinsky 8/24/98 Int. at 6. See also Lewinsky 7/30/98 Int. at 11.

250. Garabito 7/30/98 GJ at 16-17, 23-24. According to a colleague, Agent Garabito is over six feet tall, slender, and Hispanic. OIC Memo of Interview with Special Agent Thomas M. Powers, 9/7/98.

251. Garabito 7/30/98 GJ at 25, 30-31.

252. Garabito 7/30/98 GJ at 32. Agent Garabito later recounted the incident to Larry L. Cockell, the head of the Presidential Protective Division of the Secret Service. The OIC learned of the episode from Agent Cockell's testimony. Cockell 7/23/98 GJ at 25-26.

253. 1472-DC-00000017 (call logs).

254. 1506-DC-00000017 (call logs).

255. Forbes, 9/22/97 at 2.

256. Lewinsky 8/6/98 GJ at 90.

257. Lewinsky 8/6/98 GJ at 91. See also Lewinsky 8/26/98 Depo. at 34; Tripp 7/7/98 GJ at 179-80. Ms. Lewinsky offered to return to the White House to see him, but the President said he needed to stay in the Residence because his daughter was ill. Lewinsky 7/30/98 Int. at 12; Lewinsky 8/24/98 Int. at 6.

258. Ungvari 3/19/98 GJ at 29-31; Lewinsky 8/3/98 Int. at 3; Ungvari 3/18/98 Int. at 4; Verna 6/11/98 Depo. at 10; 845-DC-00000009 (Tripp notes).

259. Ungvari 3/19/98 GJ at 30.

260. Lewinsky 8/11/98 Int. at 2.

261. Lewinsky 8/20/98 GJ at 19; Lewinsky 7/30/98 Int. at 12; 845-DC-00000010 - 11 (Tripp notes).

262. Lewinsky 8/26/98 Depo. at 34-35.

263. 1222-DC-00000112 (movement logs). The President and 32 guests saw Executive Decision that evening. 1506-DC-00000558 (White House daily diary).

264. 968-DC-00003459 (Hillary Clinton calendar).

265. Lewinsky 7/29/98 Int. at 3; Lewinsky 7/30/98 Int. at 12-13.

266. 827-DC-00000016 (Epass records).

267. 1222-DC-00000216 - 217; 1222-DC-00000112 - 113 (movement logs).

268. 1506-DC-00000139 (phone logs).

269. 968-DC-00003459 (Hillary Clinton calendar). Mrs. Clinton returned that evening. 1506-DC-00000559 (White House diary); 1222-DC-00000041 (Secret Service itinerary).

270. Lewinsky 8/26/98 Depo. at 35-36.

271. Lewinsky 8/26/98 Depo. at 36; Lewinsky 7/30/98 Int. at 12.

272. Lewinsky 8/26/98 Depo. at 38-39.

273. Lewinsky 8/26/98 Depo. at 37.

274. Lewinsky 7/30/98 Int. at 12-13; Lewinsky 8/26/98 Depo. at 37-38. In the grand jury, the President declined to answer whether Ms. Lewinsky would be lying if she said he had used a cigar as a sexual aid with her. Clinton 8/17/98 GJ at 110-11.

275. Lewinsky 7/30/98 Int. at 13.

276. Fox 2/17/98 GJ at 42-43.

277. Ludtke 6/5/98 Int. at 1-2.

278. Muskett 7/21/98 GJ at 124. Others also noted that Ms. Lewinsky spent time around the West Wing. Byrne 3/13/98 Depo. at 22-25; Byrne 6/25/98 Depo. at 23, 39-44, 55-62, 104-113; Byrne 7/30/98 GJ at 8, 39-40; Hannie 4/6/98 Int. at 2-3; Keating 2/25/98 GJ at 52.

279. Lewinsky 8/20/98 GJ at 12.

280. Bordley 8/13/98 GJ at 9-16.

281. Bordley 8/13/98 GJ at 20-23, 29.

282. Bordley 8/13/98 GJ at 25-29.

283. Ferguson 7/17/98 GJ at 14-17, 27-28; Ferguson 7/23/98 GJ at 14-17, 20.

284. Ferguson 7/17/98 GJ at 27.

285. Ferguson 7/17/98 GJ at 27-28; Ferguson 7/23/98 GJ at 20-21.

286. Ferguson 7/17/98 GJ at 29, 31.

287. Ferguson 7/17/98 GJ at 29. In addition, Officer Lewis Fox and Agent Nelson Garabito testified about admitting Ms. Lewinsky to the Oval Office on one occasion each, as recounted above. Fox 2/17/98 GJ at 32-37; Garabito 7/30/98 GJ at 16-32. Officer Fox also saw Ms. Lewinsky exit the Oval Office on another occasion, but he did not know how long she had been inside. Fox 2/17/98 GJ at 43-46. Officer Gary Byrne also testified about having seen Ms. Lewinsky in the Oval Office with the President, though some details of his account varied in different tellings. Byrne 7/30/98 GJ at 7-32; Byrne 7/17/98 GJ at 4-10.

288. Byrne 3/13/98 Depo. at 27-28, 46-47, 51-55; Byrne 6/25/98 Depo. at 31.

289. Lewinsky 8/20/98 GJ at 10-11; Lewinsky 7/31/98 Int. at 6.

290. Lieberman 1/30/98 GJ at 36-37. Ms. Lieberman testified that she continued to disapprove of Ms. Lewinsky. When she saw Ms. Lewinsky back in the White House after she no longer worked there, Ms. Lieberman asked Ms. Currie, "What is she doing here?" She also may have said to Ms. Currie, who told Ms. Lewinsky that she could watch a presidential helicopter departure, "What are you -- nuts?" or otherwise "expressed my displeasure."⁽²⁹¹⁾

291. Lieberman GJ 1/30/98 at 50-52. -

292. Lewinsky 8/20/98 GJ at 8.

293. Lieberman 1/30/98 GJ at 41.

294. Panetta 1/28/98 GJ at 139-42.

295. Lieberman 1/30/98 GJ at 45. See also Panetta 1/28/98 GJ at 143 (describing precautions taken "to protect the President's office and protect his integrity," including preventing President from meeting alone with female acquaintances in circumstances that "could be misinterpreted").

296. Lewis 2/11/98 GJ at 37-40. See also T3 at 15; Lewinsky 7/31/98 Int. at 7. Ms. Lieberman testified that the conversation occurred in September 1997. Lieberman 1/30/98 GJ at 66. In her recollection, the exchange began with Ms. Lewis coming up to her and saying, "You ruined [Ms. Lewinsky's] life on the basis of something that she never did." According to Ms. Lieberman, she made no response, and Ms. Lewis walked away. Later Ms. Lewis returned and said that she understood what Ms. Lieberman had done and why. Lieberman 1/30/98 GJ at 64-66.

297. Abramson 2/20/98 Int. at 3; Band 2/25/98 Int. at 2-3; Currie 5/6/98 GJ at 40-41; Ganong 2/12/98 Int. at 2; Keating 2/25/98 GJ at 73; Panetta 1/28/98 GJ at 139-42.

298. 1089-DC-00000970 (memo from Mr. Hilley to Ms. Lieberman); Hilley 5/19/98 GJ at 34-35, 47-50. Mr. Hilley testified that "extracurricular activities" -- which applied to Ms. Lewinsky and one of her colleagues who was also transferred

-- did not refer to anything sexual in nature. Hilley 5/19/98 GJ at 49-50. See also Byrne 6/25/98 Depo. at 22-25, 27-28, 38, 43, 54-55; Currie 5/14/98 GJ at 19-35; Fox 2/17/98 GJ at 46-48; Maes 5/7/98 GJ at 34-42.

299. Duncan 2/18/98 GJ at 24.

300. V006-DC-00001347.

301. Duncan 2/18/98 GJ at 13-14.

302. Duncan 2/18/98 GJ at 23, 41.

303. Duncan 2/18/98 GJ at 8, 23-24.

304. Lewinsky 8/6/98 GJ at 61. The President was traveling to Oklahoma City on that day. V006-DC-00000694 (President's schedule); 968-DC-00000841 (same).

305. Keating 2/25/98 GJ at 76. The Pentagon position had a higher salary than Ms. Lewinsky's White House job. Lewinsky 8/3/98 Int. at 5. Ms. Lewinsky's supervisor, Jocelyn Jolley, was also transferred that day. Keating 2/25/98 GJ at 76-79; Lewinsky 8/6/98 GJ at 171. Unlike Ms. Lewinsky, Ms. Jolley was given a demotion: a temporary job at the General Services Administration. Jolley 2/24/98 GJ at 36-39; Keating 2/25/98 GJ at 79.

306. Keating 2/25/98 GJ at 78-79; Lewinsky 8/3/98 Int. at 3; Capps 3/23/98 Int. at 2; Fox 2/17/98 GJ at 47; Lynn 8/5/98 GJ at 14-16; Verna 7/21/98 GJ at 21-23.

307. Lewinsky 8/6/98 GJ at 171. See also Lewinsky 8/3/98 Int. at 3. Ms. Lewinsky testified that Mr. Keating led her to believe that she could probably return to work at the White House after the election. Lewinsky 8/3/98 Int. at 4. Mr. Keating testified that he told her that if she performed well at the Pentagon, "she may be able to get a job back in the White House. But not now." Keating 2/25/98 GJ at 79.

308. Lewinsky 8/26/98 Depo. at 60.

309. Lewinsky 8/6/98 GJ at 62.

310. 827-DC-00000016 (Epass records).

311. 1222-DC-00000219 (movement log).

312. Lewinsky 8/6/98 GJ at 62. See also Lewinsky 8/26/98 Depo. at 39; Lewinsky 7/27/98 Int. at 4; Tripp 7/9/98 GJ at 29-30.

313. In Ms. Lewinsky's recollection, Officer Muskett first said he needed to get Evelyn Lieberman's authorization before admitting Ms. Lewinsky to the Oval Office, but Ms. Lewinsky talked him out of it. Lewinsky 8/6/98 GJ at 91; Lewinsky 8/20/98 GJ at 42; Lewinsky 8/26/98 Depo. at 39-40; Lewinsky 7/27/98 Int. at 4; Lewinsky 7/30/98 Int. at 13; Lewinsky 7/31/98 Int. at 6.

314. Lewinsky 7/27/98 Int. at 4.

315. Lewinsky 8/6/98 GJ at 63. See also Lewinsky 8/26/98 Depo. at 40; Lewinsky 7/30/98 Int. at 13; Erbland 2/12/98 GJ at 37; Tripp 7/9/98 GJ at 31; 833-DC-00001070 (document recovered from Ms. Lewinsky's computer referring to President's promise to arrange for her return); MSL-DC-00001052 (another recovered computer file, saying in part: "You promised you would bring me back after the election with a snap of [your] fingers."); Lewinsky Statement 2/1/98 at 1 ("he promised to bring her back to the WH after the election"); Tripp 7/9/98 GJ at 31, 37-38, 42.

316. In a recorded conversation, Ms. Lewinsky recounted part of this discussion:

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

T7 at 34-35.

317. Lewinsky 8/6/98 GJ at 64.

318. Clinton 8/17/98 GJ at 130.

319. Lewinsky 8/26/98 Depo. at 40.

320. Lewinsky 8/6/98 GJ at 94-97.

321. Lewinsky 8/26/98 Depo. at 40-41.

322. Lewinsky 8/26/98 Depo. at 41.

323. Lewinsky 8/26/98 Depo. at 41.

324. Lewinsky 8/6/98 GJ at 20, 95-97; Lewinsky 7/30/98 Int. at 13.

325. Lewinsky 8/6/98 GJ at 95; Lewinsky 8/26/98 Depo. at 41-44; Lewinsky 7/27/98 Int. at 4-5; Lewinsky 7/30/98 Int. at 13.

326. Lewinsky 8/6/98 GJ at 92; Lewinsky 7/27/98 Int. at 4-5; Lewinsky 7/30/98 Int. at 13.

327. 1248-DC-00000008 (phone logs).

328. Lewinsky 8/6/98 GJ at 93, 97.

329. Lewinsky 8/6/98 GJ at 93. See also Lewinsky 8/26/98 Depo. at 43; Lewinsky 7/27/98 Int. at 5; Lewinsky 7/30/98 Int. at 13. Ms. Lewinsky testified that she did not see Mr. Ickes but recognized his voice. Lewinsky 8/6/98 GJ at 97.

330. Lewinsky 8/6/98 GJ at 93; Lewinsky 8/26/98 Depo. at 45; Lewinsky 7/27/98 Int. at 5; Lewinsky 7/30/98 Int. at 13.

331. Lewinsky 8/6/98 GJ at 94. See also Lewinsky 7/30/98 Int. at 11; Tripp 7/9/98 GJ at 30-36; 845-DC-00000012 - 13 (Tripp notes).

332. Muskett 7/21/98 GJ at 9-13.

333. Muskett 7/21/98 GJ at 22-24.

334. Muskett 7/21/98 GJ at 25-26, 83.

335. Muskett 7/21/98 GJ at 27-28, 91-93.

336. Muskett 7/21/98 GJ at 28, 31-33.

337. Muskett 7/21/98 GJ at 34-37.

338. Lewinsky 8/6/98 GJ at 36-37; Lewinsky 7/27/98 Int. at 2.

339. Muskett 7/21/98 GJ at 36-37, 39-40. Officer Muskett recalled that the plainclothes agent on duty at the time was Reginald Hightower. Muskett 7/21/98 GJ at 22. While not "100 percent sure" that this incident occurred, Agent Hightower testified that "it probably did happen." Hightower 7/28/98 GJ at 46-49.

340. Muskett 7/21/98 GJ at 42-46. Mr. Ickes testified that he cannot recall this incident but cannot rule it out. Ickes 8/5/98 GJ at 58-59.

341. Muskett 7/21/98 GJ at 47-52, 89.

342. 1506-DC-00000144 (phone logs).

343. Lewinsky 8/6/98 GJ at 64-65. See also Lewinsky 2/1/98 Statement at 1; Lewinsky 7/31/98 Int. at 6-7; Lewinsky 8/3/98 Int. at 5; Tripp 7/9/98 GJ at 72-73; 845-DC-00000014 (Tripp notes); T2 at 17.

344. Lewinsky 8/6/98 GJ at 65; Lewinsky 7/29/98 Int. at 3-4; Lewinsky 8/3/98 Int. at 5.

345. Lieberman 1/30/98 GJ at 62.

346. Lieberman 1/30/98 GJ at 62.

347. Bowles 4/2/98 GJ at 66-67.

348. Currie 5/7/98 GJ at 49-50.

349. Jordan 3/3/98 GJ at 64-65.

350. V006-DC-00002289 (email noting departures of White House employees); Lewinsky 8/6/98 GJ at 65. According to the job description for the position:

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

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

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

28 C.F.R. § 17.18(a) (1998).

351. Lewinsky 7/29/98 Int. at 1.

352. Lewinsky 8/6/98 GJ at 66.

353. Tripp 7/9/98 GJ at 94-98.

354. Lewinsky 8/6/98 GJ at 28 & Ex. ML-7.

355. Tripp 7/14/98 GJ at 3-4, 11-12; 845-DC-00000019 (Tripp notes).

356. Lewinsky 7/29/98 Int. at 4-5.

357. Lewinsky 7/30/98 Int. at 14. See also Lewinsky 7/29/98 Int. at 4; Lewinsky 8/6/98 GJ at 27-28; Tripp 7/9/98 GJ at 118-19 (mistakenly indicating that this occurred July 15, 1996); 845-DC-00000018 (Tripp notes).

358. 1506-DC-00000275 (call log); 1506-DC-000000638.

359. Lewinsky 7/29/98 Int. at 4-5; Lewinsky 7/30/98 Int. at 14-15; 845-DC-00000016 - 17 (Tripp notes); 845-DC-00000020 - 22 (same); Tripp 7/9/98 GJ at 102-04, 115-16; Tripp 7/14/98 GJ at 11-12, 35-37.

360. 1506-DC-00000222 (5/21/96); 1506-DC-00000264 (7/5/96); 1506-DC-00000268 (7/6/96); 1506-DC-00000328 (10/22/96); 1506-DC-00000353 (12/2/96) (President's schedules).

361. Lewinsky 7/29/98 Int. at 3; Finerman 3/18/98 Depo. at 49-50; Tripp 7/9/98 GJ at 53, 61-62, 94. Along with talking with the President, Ms. Lewinsky also contacted former White House colleagues for help returning to work there. Lewinsky 8/3/98 Int. at 5.

362. T7 at 36.

363. T7 at 36-37.

364. Lewinsky 7/30/98 Int. at 14; Lewinsky 8/6/98 GJ at 21; Erbland 2/12/98 GJ at 30; Tripp 7/14/98 GJ at 4-6; 845-DC-00000020 (Tripp notes).

365. Lewinsky 8/20/98 GJ at 25.

366. Lewinsky 7/29/98 Int. at 3, 16; Tripp 7/9/98 GJ at 99-100; 845-DC-00000015 (Tripp notes). The President was at the Renaissance Hotel in Washington from 8:40 to 9:25 p.m. that day. 1506-DC-00000188 - 189 (President's schedules).

367. V006-DC-00000534 (radio address guest list); 1222-DC-00000045 (itinerary); V006-DC-00001841 - 1847 (photographs); V006-DC-00003735 (photo requests); V006-DC-00001865 (videotape).

368. Lewinsky 8/20/98 GJ at 28-31; Lewinsky 7/29/98 Int. at 16; Lewinsky 8/24/98 Int. at 6-7; V006-DC-00000682 (President's schedule for August 18); V006-DC-00003735 (photo request from Ms. Lewinsky); MSL-DC-0000489 - 490 (event invitation); Tripp 7/9/98 GJ at 125-26; 845-DC-00000019 (Tripp notes).

369. Lewinsky 8/20/98 GJ at 28-31. See also Lewinsky 7/30/98 Int. at 17.

370. Lewinsky 7/31/98 Int. at 7. Ms. Lewinsky thought that this might have been October 23 or 24. Id. The President was at the Sheraton Washington Hotel from 6:55 to 8:05 p.m. on October 23. 1506-DC-00000334 - 335 (President's schedule).

371. Newsweek, 8/10/98, cover photo.

372. Lewinsky 8/11/98 Int. at 2.

373. Lewinsky 8/20/98 GJ at 26-27.

374. Lewinsky 7/29/98 Int. at 5.

375. V006-DC-00000007 (WAVES records); V006-DC-00001855 - 1856 (photos from the reception); V006-DC-00000391 (White House event attendance records).

376. MSL-DC-00001052 (spelling and punctuation corrected). See also Lewinsky 2/1/98 Statement at 1-2; Tripp 7/14/98 GJ at 32-34. Ms. Lewinsky did not send this letter. Lewinsky 8/4/98 Int. at 5.

377. Catherine Davis 3/17/98 GJ at 23-24, 27; Finerman 3/18/98 Depo. at 12; Kassorla 8/28/98 Int. at 4; Raines 1/29/98 GJ at 31-32; Tripp 7/2/98 GJ at 41-43.

378. Tripp 7/14/98 GJ at 39-40; 845-DC-00000022 (Tripp notes).

379. 833-DC-00001974 (email to Ms. Tripp).

380. Currie 5/7/98 GJ at 63.

381. Currie 5/6/98 GJ at 97-98.

382. Currie 5/6/98 GJ 14-15.

383. Currie 5/6/98 GJ at 52-53, 94-96.

384. 827-DC-00000002, 827-DC-00000018 (Ms. Lewinsky's WAVES records).

385. Currie 5/6/98 GJ at 57-58.

386. Currie 5/6/98 GJ at 84-85. In a later appearance before the grand jury, Ms. Currie testified that she could no longer recall any occasions when she came just to admit Ms. Lewinsky, but she could not rule it out. Currie 7/22/98 GJ at 24.

387. Currie 1/27/98 GJ at 32-33. See also Currie 5/6/98 GJ at 98; Currie 7/22/98 GJ at 25-26, 41. Ms. Currie subsequently wavered on this point. Currie 7/22/98 GJ at 14 ("[t]he President, for all intents and purposes, is never alone"); id. at 15-16 (testifying that President and Ms. Lewinsky, in study together, were "not alone" so long as Ms. Currie was at her desk); id. at 25 (agreeing that Ms. Lewinsky and President were alone together); id. at 131 ("I was always there. And I considered them not to be alone. . . . I always thought that my presence there meant that they were not alone."). Cf. Clinton 8/17/98 GJ at 134 ("there were a lot of times when we were alone, but I never really thought we were").

388. Pape 5/18/98 Int. at 3-4.

389. Chinery 6/11/98 Depo. at 33.

390. Chinery 6/11/98 Depo. at 44-45; Chinery 7/23/98 GJ at 49.

391. Chinery 7/23/98 GJ at 8; Chinery 6/11/98 Depo. at 13-17. For other Secret Service corroboration of Ms. Currie's role, see Chinery 7/23/98 GJ at 49-50; Chinery 6/11/98 Depo. at 33, 37, 44; Garabito 7/30/98 GJ at 44-47; Shegogue 8/4/98 GJ at 11, 14-19, 24-27.

392. Lewinsky 8/20/98 GJ at 5. See also id. at 14; Lewinsky 8/19/98 Int. at 5.

393. Currie 5/6/98 GJ at 88-89. See also id. at 184; Currie 5/14/98 GJ at 78.

394. Currie 5/6/98 GJ at 88-89.

395. Currie 5/14/98 GJ at 72-74, 91; Currie 1/24/98 Int. at 3.

396. 837-DC-00000001; 837-DC-00000004; 837-DC-00000006; 837-DC-0000008; 837-DC-00000011; 837-DC-00000014; 837-DC-00000018.

397. Lewinsky 7/31/98 Int. at 13; Marcia Lewis 2/11/98 GJ at 28-30; T1 at 63-64.

398. Dragotta 8/13/98 GJ at 10-11; Janney 8/13/98 GJ at 7, 9-11, 14; Niedzwiecki 7/30/98 GJ at 12-13, 20-21; Pape 8/5/98 GJ at 24; Keith Williams 7/23/98 GJ at 14.

399. Currie 5/14/98 GJ at 72-73.

400. Currie 5/14/98 GJ at 73-74, 86-89; Currie 7/22/98 GJ at 51-52.

401. Currie 5/14/98 GJ at 88-89. See also id. at 91; Currie 7/22/98 GJ at 49-50 (testifying that she did not open sealed cards from Ms. Lewinsky to President but "may have read" unsealed ones).

402. Currie 5/6/98 GJ at 88-89. See also Currie 5/14/98 GJ at 78.

403. "The President got everything anyone sent him." Currie 5/6/98 GJ at 129.

404. Currie 5/14/98 GJ at 143-45; Currie 1/24/98 Int. at 8.

405. Currie 5/6/98 GJ at 157-58.

406. Currie 5/6/98 GJ at 156; Currie 7/22/98 GJ at 42-43.

407. Currie 1/27/98 GJ at 63-64. See also Currie 5/6/98 GJ at 164; Currie 7/22/98 GJ at 31-33. According to Ms. Lewinsky, the President at one point told her similarly that "if the two people who are involved [in a relationship] say it didn't happen -- it didn't happen." Lewinsky 2/1/98 Statement at 10, ¶ 11.

408. Currie 5/14/98 GJ at 131-43. Ms. Currie testified: "I think . . . what I was trying to do was allow the President to have personal and private phone calls if he wanted to. And the appearance of any impropriety, I didn't want to have it." Id. at 141.

409. Currie 7/22/98 GJ at 33-35.

410. Dragotta 8/13/98 GJ at 8-10; Pape 8/5/98 GJ at 17-18. Asked if she had tried to persuade officers not to log in Ms. Lewinsky's visits, Ms. Currie testified: "I hope I didn't. I can't imagine -- and I can't imagine that it could be." Currie 7/22/98 GJ at 115. None of the Uniformed Division officers interviewed by the OIC acknowledged having permitted Ms. Lewinsky to enter the White House without proper clearance. However, as noted elsewhere, there is clear evidence that Ms. Lewinsky was in the White House on days for which no records show her entry or exit.

411. V006-DC-00003712 (2/24/97 message). Records show seven calls from Ms. Lewinsky's line to Ms. Currie's line on December 5, 1997, for example, and six calls the following day. 1216-DC-00000022.

412. Currie 5/6/98 GJ at 16-17, 20-21, 68-70, 73-74, 85-86; Currie 5/7/98 GJ at 8. See also 1037-DC-00000341 (email).

413. Currie 5/6/98 GJ at 73-74, 85-86. Ms. Currie later said that "I don't want the impression of sneaking, but it's just that I brought her in without anyone seeing her." Id. at 156. Ms. Lewinsky confirmed that Ms. Currie helped her avoid Mr. Goodin and others. Lewinsky 8/20/98 GJ at 15; Lewinsky 7/27/98 Int. at 4; Lewinsky 8/3/98 Int. at 5; Lewinsky 8/24/98 Int. at 7.

414. Currie 5/6/98 GJ at 84-85.

415. Lewinsky 7/31/98 Int. at 4.

416. Lewinsky 8/5/98 Int. at 3.

417. Lewinsky 7/31/98 Int. at 5. Ms. Lewinsky told confidants about Ms. Currie's role. Catherine Davis 3/17/98 GJ at 17, 33, 37-38; Erbland 2/12/98 GJ at 43; Finerman 3/18/98 Depo. at 39-40; Raines 1/29/98 GJ at 49; Ungvari 3/19/98 GJ at 38-40; 1037-DC-00000337 - 338 (email from Ms. Lewinsky); 1037-DC-00000001 - 02 (card from Ms. Lewinsky).

418. Carbonetti 6/16/98 Int. at 2; Chinery 6/11/98 Depo. at 39-40; Janney 5/27/98 Int. at 2; LaDow 5/27/98 Int. at 3; Ludtke 6/5/98 Int. at 2; Pape 8/5/98 GJ at 23-24; Pape 5/18/98 Int. at 3-6.

419. Chinery 7/23/98 GJ at 50.

420. Pape 5/18/98 Int. at 5.

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

422. 827-DC-00000018 (Epass records); Kessinger 2/24/98 Int. at 2.

423. 833-DC-00001906 (email from Ms. Lewinsky to Ms. Tripp).

424. V006-DC-00003712.

425. V006-DC-00003720 (radio address attendance list).

426. 827-DC-00000018; V006-DC-00000008; V006-DC-00001796.

427. 1222-DC-00000234; 968-DC-00000073.

428. 968-DC-00003506.

429. Lewinsky 8/26/98 Depo. at 45-46, 48-49; Lewinsky 8/6/98 GJ at 30.

430. Lewinsky 8/6/98 GJ at 45-46.

431. Lewinsky 8/26/98 Depo. at 46.

432. Lewinsky 8/6/98 GJ at 30.

433. Lewinsky 8/6/98 GJ at 30-31, 46-47; Lewinsky 7/30/98 Int. at 15; Lewinsky 7/31/98 Int. at 5. Mr. Goodin and Ms. Currie confirmed that Ms. Lewinsky stayed behind and talked with the President after the radio address. Currie 1/27/98 GJ at 34; Goodin 2/17/98 GJ at 52, 55. Mr. Goodin testified that he approached the President and "basically offer[ed] to chase her away because I didn't know if that was a good use of his time," but the President replied that "she's a friend of a political supporter." Goodin 2/17/98 GJ at 56. Nancy Hernreich, who was not present at the radio address, testified that Mr. Goodin told her about Ms. Lewinsky's presence there on the following work day. Hernreich 2/26/98 GJ at 5-9.

434. Currie 7/22/98 GJ at 130-31; Currie 1/27/98 GJ at 34-35; Lewinsky 8/6/98 GJ at 31; Lewinsky 7/30/98 Int. at 15.

435. Currie 7/22/98 GJ at 131. Ms. Currie also maintained that the President and Ms. Lewinsky were "[n]ever out of eyesight." Id. at 135. The President, however, acknowledged "inappropriate intimate contact" with Ms. Lewinsky on February 28 and testified that, to the best of his knowledge, Ms. Currie never witnessed any such encounters between himself and Ms. Lewinsky. Clinton 8/17/98 GJ at 10, 53-54.

436. Lewinsky 8/26/98 Depo. at 46-47.

437. Lewinsky 8/26/98 Depo. at 46-47.

438. Lewinsky 8/26/98 Depo. at 47; Lewinsky 8/6/98 GJ at 31. Ms. Currie testified that the President later asked her, "Did Monica show you the hat pin I gave her?" Currie 5/6/98 GJ at 142.

439. Lewinsky 8/6/98 GJ at 156. See also Lewinsky 8/20/98 GJ at 72; Lewinsky 8/26/98 Depo. at 47; Currie 5/6/98 GJ at 101-102; Catherine Davis 3/17/98 GJ 30-31; Erbland 2/12/98 GJ at 40-41; Finerman 3/18/98 Depo. at 15-16; Marcia Lewis 2/10/98 GJ at 51-52; Raines 1/29/98 GJ at 53-55.

A draft of Ms. Lewinsky's thank-you note (to "Dear Mr. P") was found in her apartment. It says in part:

All of my life, everyone has always said that I am a difficult person for whom to shop, and yet, you managed to choose two absolutely perfect presents! A little phrase (with only eight letters) like "thank you" simply cannot begin to express what I feel for what you have given me. Art & poetry are gifts to my soul!

I just love the hat pin. It is vibrant, unique and a beautiful piece of art. My only hope is that I have a hat fit to adorn it (ahhh, I see another excuse to go shopping)! I know that I am bound to receive compliments on it.

I have only read excerpts from "Leaves of Grass" before -- never in its entirety or in such a beautifully bound edition. Like Shakespeare, Whitman's writings are so timeless. I find solace in works from the past that remain profound and somehow always poignant. Whitman is so rich that one must read him like one tastes a fine wine or good cigar -- take it in, roll it in your mouth, and savor it!

I hope you know how very grateful I am for these gifts, especially your gift of friendship. I will treasure them all . . . always.

MSL-DC-00000621 - 622 (emphasis in original) (ellipsis in original). Ms. Lewinsky said she sent a version of this letter to the President and enclosed a necktie. Lewinsky 8/4/98 Int. at 5.

440. Lewinsky 8/24/98 Int. at 7; Finerman 3/18/98 Depo. at 22; Raines 1/29/98 GJ at 109.

441. Lewinsky 8/26/98 Depo. at 47-48. See also Lewinsky 8/6/98 GJ at 31, 38-39.

442. Lewinsky 8/26/98 Depo. at 47-48. See also Lewinsky 8/6/98 GJ at 31, 38-39.

443. Lewinsky 7/30/98 Int. at 15.

444. Lewinsky 8/26/98 Depo. at 48.

445. Lewinsky 8/6/98 GJ at 32, 39-40. Ms. Lewinsky testified that she did not keep the soiled dress as a souvenir. She said she does not ordinarily clean her clothes until she is ready to wear them again. "I was going to clean it. I was going to wear it again." Lewinsky 8/6/98 GJ at 41. She also testified that she was not certain that the stains were semen. She had dined out after the radio address, "[s]o it could be spinach dip or something." Lewinsky 8/6/98 GJ at 40. See also Lewinsky 7/29/98 Int. at 17.

446. FBI Lab Reports, 8/6/98, 8/17/98.

447. Clinton 8/17/98 GJ at 55.

448. Clinton 8/17/98 GJ at 138.

449. Clinton 8/17/98 GJ at 136-37.

450. V006-DC-00000008 (WAVES records); V006-DC-00001792 (WAVES request). Phone records indicate that Ms. Lewinsky called Ms. Currie for one minute at 8:37 a.m. that day. 1014-DC-00000022.

451. 968-DC-00000236 (presidential diary); V006-DC-00002130 (movement log); 968-DC-00003510 (phone log). Mrs. Clinton was in Africa. 968-DC-00003843 (schedule).

452. Lewinsky 7/30/98 Int. at 16; Lewinsky 8/20/98 GJ at 67-69; Lewinsky 8/24/98 Int. at 7.

453. Lewinsky 8/26/98 Depo. at 49.

454. Lewinsky 8/26/98 Depo. at 50.

455. Lewinsky 8/26/98 Depo. at 50.

456. Lewinsky 8/26/98 Depo. at 51. See also Lewinsky 8/20/98 GJ at 68-69; Lewinsky 7/30/98 Int. at 16. Ms. Lewinsky testified that their genitals only briefly touched: "[W]e sort of had tried to do that, but because he's so tall and he couldn't bend because of his knee, it didn't really work." Lewinsky 8/26/98 Depo. at 51.

457. Lewinsky 8/20/98 GJ at 68-69; Lewinsky 8/26/98 Depo. at 50; Lewinsky 7/30/98 Int. at 16.

458. Lewinsky 7/30/98 Int. at 16.

459. Clinton 8/17/98 GJ at 10.

460. Clinton 8/17/98 GJ at 54-55, 137-38.

461. Lewinsky 8/6/98 GJ at 66; Lewinsky 7/27/98 Int. at 5; Lewinsky 7/31/98 Int. at 8; Lewinsky 2/1/98 Statement at 1-2; MSL-DC-00001052; T1 at 38. Mr. Nash said he had never heard of Ms. Lewinsky before January 1998. Nash 3/19/98 Int. at 1; Nash 9/2/98 Int. at 1.

462. Lewinsky 8/6/98 GJ at 67.

463. Lewinsky 8/6/98 GJ at 66-67; Lewinsky 7/27/98 Int. at 5; Lewinsky 8/5/98 Int. at 2.

464. Lewinsky 8/6/98 GJ at 86-87.

465. Lewinsky 8/26/98 Depo. at 62.

466. Clinton 8/17/98 GJ at 113-14. Later the President said: "I didn't order her to be hired at the White House. I could have done so. I wouldn't do it."⁽⁴⁶⁷⁾

467. Clinton 8/17/98 GJ at 124.

468. Lewinsky 8/6/98 GJ at 97-99; Lewinsky 7/27/98 Int. at 3.

469. Lewinsky 8/6/98 GJ at 87; Lewinsky 7/27/98 Int. at 3.

470. Lewinsky 8/6/98 GJ at 98-99; Lewinsky 7/27/98 Int. at 3. See also Lewinsky 9/3/98 Int. at 1.

471. Kaye 5/21/98 GJ at 103-108. Ms. Finerman testified that she did have a conversation along these lines with Mr. Kaye. Finerman 3/18/98 Depo. at 52-57. Mr. Kaye testified that he could not recall having discussed Ms. Lewinsky with Ms. Scott. Kaye 5/21/98 GJ at 44. Ms. Scott testified that she could not recall talking to Mr. Kaye about Ms. Lewinsky in this period, or talking to him about phone calls between Ms. Lewinsky and the President at any time. Scott 3/31/98 GJ at 53.

472. 827-DC-00000018 (Epass records).

473. 1222-DC-00000242.

474. 968-DC-00003533.

475. Lewinsky 8/4/98 Int. at 2-3.

476. Lewinsky 8/6/98 GJ at 24-25, 101.

477. Lewinsky 8/4/98 Int. at 2; Lewinsky 7/31/98 Int. at 16.

478. Lewinsky 8/4/98 Int. at 2-3.

479. Lewinsky 8/4/98 Int. at 3. Ms. Lewinsky later told confidants about the May 24 break-up. Catherine Davis 3/17/98 GJ at 133-35; Erbland 2/12/98 GJ at 46-47; Kassorla 8/28/98 Int. at 4; Raines 1/29/98 GJ at 58-59; Tripp 7/14/98 GJ at 78-84; Ungvari 3/19/98 GJ at 80. Dr. Kassorla, Ms. Lewinsky's therapist, told Ms. Lewinsky that the President's statement sounded rehearsed and insincere. Kassorla 8/28/98 Int. at 4.

A fragment of a deleted file recovered from Ms. Lewinsky's home computer apparently refers to the President's May 24 announcement:

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

MSL-55-DC-0094; MSL-55-DC-0124 (spelling and punctuation corrected).

480. Lewinsky 8/6/98 GJ at 25. See also Lewinsky 7/27/98 Int. at 3 (birthday kiss 8/16/97; Christmas kiss 12/28/97); id. at 7 (President told her that Christmas kiss was permissible). Ms. Lewinsky tried to initiate genital contact with the President on August 16, 1997, but he rebuffed her. Lewinsky 8/20/98 GJ at 70.

481. Clinton v. Jones, 117 S. Ct. 1636 (1997).

482. Currie 5/6/98 GJ at 31-33; Currie 5/7/98 GJ at 44, 68; Currie 5/14/98 GJ at 6-8, 148. Ms. Currie was uncertain when this occurred. Currie 5/6/98 GJ at 31.

483. Currie 5/6/98 GJ at 45; Currie 5/14/98 GJ at 146.

484. Currie 5/14/98 GJ at 146.

485. Currie GJ 5/14/98 at 121; Currie GJ 5/6/98 at 13, 81.

486. Currie 5/7/98 GJ at 43-44.

487. Currie 5/7/98 GJ at 68.

488. Currie 5/7/98 GJ at 69. Contrary to Ms. Currie's testimony, Ms. Scott testified that the President never asked her to help Ms. Lewinsky, though they may have discussed it. In

Ms. Scott's account, she met with Ms. Lewinsky as a favor to Ms. Currie. Scott 3/19/98 GJ at 20, 32, 37, 78-79, 84-85; Scott 3/26/98 GJ at 13, 15; Scott 3/31/98 GJ at 43-44. For his part, the President testified that he talked with Ms. Scott about bringing Ms. Lewinsky back to work at the White House, though he did not order her to hire Ms. Lewinsky. Clinton 8/17/98 GJ at 130.

489. Lewinsky 8/6/98 GJ at 67; Lewinsky 8/24/98 Int. at 7. Ms. Lewinsky also tried to get a White House job through other avenues. She applied for a position at the National Security Council and had interviews there on May 1 and June 11. Lewinsky 7/27/98 Int. at 5; Bailey 5/26/98 GJ at 23; Dimel 2/18/98 Int. at 1; Friedrich 7/17/98 Int. at 1; Stott 2/27/98 Int. at 2; V006-DC-00000008 (WAVES records); 827-DC-00000018 (Epass records); 833-DC-00001876 (Tripp email regarding a job announcement); V006-DC-00000221 - 224 (Dimel documents). She was not chosen for the job. V006-DC-00000223 - 224 (Dimel letter). She also pursued a job in the White House press office. Lewinsky 7/27/98 Int. at 5. At one point Ms. Lewinsky told the President that she had applied for these jobs, and he responded that he needed to know in advance if he was to help her. Lewinsky 7/27/98 Int. at 5.

490. 827-DC-00000018 (Epass records); V006-DC-00000008 (WAVES records); Scott GJ 3/19/98 at 17.

491. 1037-DC-00000265- 266 (spelling and punctuation corrected). See also Finerman 3/18/98 Depo. at 50-51 (recounting this meeting); Tripp 7/14/98 GJ at 89-91 (recounting this meeting).

492. Scott 3/19/98 GJ at 52. See also Scott 3/26/98 GJ at 16-17.

493. Scott 3/19/98 GJ at 74.

494. Scott 3/19/98 GJ at 87.

495. 833-DC-00001070.

496. Currie 5/7/98 GJ at 35; see id. at 39.

497. MSL-DC-00001176 - 1177. A revised version of the letter was also found in Ms. Lewinsky's apartment. MSL-DC-00001192. Consistent with a statement in the draft, Ms. Scott testified that "I don't hear about White House jobs." Scott 3/19/98 GJ at 90. Ms. Scott also testified that she recalled only a short thank-you note after her June 16 meeting with Ms. Lewinsky, though she did receive a "real pissy letter" from Ms. Lewinsky at some point, which she threw away. Scott 3/19/98 GJ at 77; Scott 3/26/98 GJ at 18.

498. MSL-DC-00001227 (emphasis in original). Ms. Lewinsky sent a version of the note. Lewinsky 8/4/98 Int. at 6. Records indicate that Ms. Lewinsky was in Madrid the following week and in Los Angeles later in the month. MSL-DC-00001221; 852-DC-00000035; 929-DC-00000056; 852-DC-00000037.

499. 1037-DC-00000103, 1037-DC-00000280, 1037-DC-00000296 (email from Catherine Davis to Ms. Lewinsky referring to "[y]our idea about working in another city or country") (multiple copies of same message).

500. Lewinsky 7/29/98 Int. at 8.

501. Lewinsky 8/6/98 GJ at 68, 87; Lewinsky 7/29/98 Int. at 7-8; Lewinsky 8/11/98 Int. at 6.

502. Lewinsky 8/6/98 GJ at 68, 87. See also Lewinsky 7/29/98 Int. at 7-8; Lewinsky 8/11/98 Int. at 6.

503. Lewinsky 8/6/98 GJ at 68-69, 87-89. See also Lewinsky 8/26/98 Depo. at 62-63.

504. Lewinsky 8/6/98 GJ at 68, 87; Lewinsky 7/29/98 Int. at 7-8; Lewinsky 8/11/98 Int. at 6.

505. Lewinsky 7/29/98 Int. at 8; Lewinsky 8/13/98 Int. at 1. Ms. Lewinsky said she thought of the United Nations because a former Pentagon colleague worked there and liked it. Lewinsky 8/13/98 Int. at 1.

506. Clinton 8/17/98 GJ at 124.

507. Lewinsky 8/6/98 GJ at 69. See also Lewinsky 7/29/98 Int. at 8.

508. Lewinsky 8/6/98 GJ at 69. See also Lewinsky 7/29/98 Int. at 7.

509. 827-DC-00000018.

510. V006-DC-00002140; V006-DC-00002214.

511. Lewinsky 8/6/98 GJ at 75. See also Lewinsky 7/29/98 Int. at 8; Lewinsky 8/4/98 Int. at 4.

512. Lewinsky 7/29/98 Int. at 8-9.

513. Lewinsky 8/26/98 Depo. at 54-55; Lewinsky 7/27/98 Int. at 3.

514. Lewinsky 8/26/98 Depo. at 55-56.

515. Lewinsky 8/26/98 Depo. at 56-57. See also Lewinsky 7/28/98 Int. at 6.

516. Lewinsky 8/26/98 Depo. at 56-57. See also Catherine Davis 3/17/98 GJ at 180; Tripp 7/7/98 GJ at 55-56; 845-DC-00000193 (Tripp notes).

517. Lewinsky 8/6/98 GJ at 72. See also Lewinsky 8/4/98 Int. at 4.

518. Lewinsky 8/6/98 GJ at 70-71; Tripp 7/14/98 GJ at 107-116.

519. Lewinsky GJ 8/6/98 at 72, 77; Lewinsky 302 7/29/98 at 7. According to Ms. Tripp, she had tried to alert Mr. Lindsey about the contact from Mr. Isikoff, but Mr. Lindsey, with whom she had worked at the White House, did not return her calls and pages. Ms. Tripp testified that she tried to reach him because "he was one of the protectors" of the President. Tripp 7/14/98 GJ at 111. Mr. Lindsey testified that he returned a page from Ms. Tripp, but not until July or August. Lindsey 2/18/98 GJ at 132-33.

520. Lewinsky 8/6/98 GJ at 71.

521. Lewinsky 8/6/98 GJ at 73-74; Lewinsky 7/29/98 Int. at 7.

522. Lewinsky 7/29/98 Int. at 7; Lewinsky 8/11/98 Int. at 5.

523. Lewinsky 8/6/98 GJ at 73; Lewinsky 7/29/98 Int. at 7.

524. 968-DC-00003546.

525. Lewinsky 8/6/98 GJ at 75.

526. 827-DC-00000018; see also Steven Pape 5/18/98 Depo. at 3.

527. V006-DC-00002142 (movement logs).

528. Lewinsky 8/6/98 GJ at 75-76; Lewinsky 7/29/98 Int. at 9. Ms. Currie did not recall Ms. Lewinsky's visit of July 14. Currie 7/22/98 GJ at 81.

529. Lewinsky 8/6/98 GJ at 76.

530. 1222-DC-00000251 (movement logs).

531. Lewinsky 8/6/98 GJ at 76. The President was referring to the Drudge Report, carried on the Internet, which had reported on July 4 (the day of Ms. Lewinsky's previous White House visit) that Michael Isikoff of Newsweek was "hot on the trail" of a story involving "a federal employee sexually propositioned by the President on federal property." Drudge Report 7/4/97. See also Washington Post, 8/11/97 at D1 (on Drudge Report's scoop of Newsweek).

532. Lewinsky 8/6/98 GJ at 76-77.

533. Lewinsky 8/6/98 GJ at 77.

534. Lewinsky 8/6/98 GJ at 77-78; Tripp 7/16/98 GJ at 12.

535. Lewinsky 8/6/98 GJ at 78; Lewinsky 7/27/98 Int. at 3; Lewinsky 7/29/98 Int. at 10; Tripp 7/14/98 GJ at 117-19; Tripp 7/16/98 GJ at 9.

536. Lewinsky 8/6/98 GJ at 78-79.

537. 968-DC-00003550.

538. Lewinsky 8/6/98 GJ at 79; Tripp 7/16/98 at 12.

539. Lewinsky 8/6/98 GJ at 79-80.

540. Lewinsky 7/29/98 Int. at 10-11. Subsequently, Ms. Tripp did call Mr. Lindsey. He urged her to contact Robert Bennett, but she never did so. Lindsey 3/12/98 GJ at 3, 13; Lindsey 2/18/98 GJ at 132-40; Tripp 7/16/98 GJ at 12-14, 54-67, 75-80; Lewinsky 7/29/98 Int. at 11; T29 at 16; 880-DC-0000002 - 8.

541. Scott 3/19/98 GJ at 64-72.

542. Lewinsky 7/31/98 Int. at 9.

543. Lewinsky 2/1/98 Statement at 2.

544. Scott 3/26/98 GJ at 18-21; Currie 5/7/98 GJ at 68. Ms. Lewinsky also conferred with her supervisor, Kenneth Bacon, about being detailed back to the White House. He gave his approval and sent a letter recommending her. Bailey 2/6/98 Int. at 3; Bacon 2/26/98 Int. at 2-3; 1012-DC-00000001; MSL-DC-00001230.

545. Scott 3/19/98 GJ at 78-79; Scott 3/26/98 GJ at 13-15; Scott 3/31/98 GJ at 43-44; Currie 5/7/98 GJ at 68.

546. 827-DC-00000018 (Epass records); V006-DC-00000008 (WAVES records); V006-DC-00001770 (WAVES request).

547. 1222-DC-00000254 (movement logs).

548. 968-DC-00003556 (phone logs).

549. Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7; Lewinsky 8/24/98 Int. at 6.

550. Newsweek, 8/11/97 at 30.

551. 845-DC-00000190 (letter); Tripp 7/16/98 GJ at 85-88.

552. T30 at 166. Ms. Tripp responded: "Oh, God. He thinks I screwed him in the article. I'm dead." Id.

553. V006-DC-00000008 (WAVES records).

554. V006-DC-00002146 (movement logs). Secret Service Officer Steven Pape testified about Ms. Lewinsky's August 16 visit. When Ms. Lewinsky entered the complex through the Southwest Gate, Officer Pape, who was familiar with Ms. Lewinsky's visits, predicted to another officer that the President would move to the Oval Office shortly. Officer Pape's prediction proved accurate: The President moved to the Oval Office, according to records, 18 minutes after Ms. Lewinsky entered the White House. Pape 8/5/98 GJ at 20-24; Myrick 8/13/98 GJ at 5-9; V006-DC-00002146 (movement logs); V006-DC-00002095 (movement logs); V006-DC-00002147 (movement logs). See also Shegogue 8/4/98 GJ at 10-11, 14-15, 17-20 (Secret Service officer recalling that Ms. Currie escorted Ms. Lewinsky into West Wing the day before President left for Martha's Vineyard).

555. 968-DC-00003558.

556. 968-DC-00002947.

557. Lewinsky 8/26/98 Depo. at 52. See also Lewinsky 8/20/98 GJ at 70.

558. Lewinsky 8/20/98 GJ at 70; Lewinsky 8/26/98 Depo. at 51-53.

559. Lewinsky 8/26/98 Depo. at 52.

560. DB-DC-00000022 (note dated 11/12/97). Ms. Lewinsky said that she sent this or a similar note to the President. Lewinsky 7/31/98 Int. at 2. See also 1037-DC-00000583 (email to Catherine Davis).

561. 1051-DC-00000003 (Pentagon phone records).

562. 1037-DC-00000086 - 87, 1037-DC-00000167, 1037-DC-00000255 - 256, 1037-DC-00000258 - 259 (email to Catherine Davis); 1318-DC-00000001 (card to Dale Young).

563. 1037-DC-00000086 - 87, 1037-DC-00000167, 1037-DC-00000255 - 256, 1037-DC-00000258 - 259 (email to Catherine Davis) (spelling and punctuation corrected).

564. Scott 3/26/98 GJ at 142.

565. Lewinsky 8/4/98 Int. at 5.

566. MSL-DC-00001052 (spelling and punctuation corrected).

567. Lewinsky 8/3/98 Int. at 6-7; Lewinsky 8/11/98 Int. at 5. See also 1037-DC-00000168 (email recounting episode). In mid or late September, according to Ms. Lewinsky, Ms. Currie told Ms. Lewinsky that she had spoken with Mr. Podesta. Lewinsky 7/31/98 Int. at 9; Lewinsky 8/13/98 Int. at 2; Lewinsky 2/1/98 Statement at 2. (Ms. Lewinsky thought that the President was having Ms. Currie do the "legwork" of getting her a job out of concern about appearances. Lewinsky 8/13/98 Int. at 3.) Mr. Podesta testified that he told Ms. Currie to have Ms. Lewinsky call him. Podesta 2/5/98 GJ at 35; Podesta 6/16/98 GJ at 12-19. Ms. Currie testified that she does not remember getting that response from Mr. Podesta, and, if she had gotten it, she would have passed it on to Ms. Lewinsky. Currie 5/14/98 GJ at 149-51. According to Ms. Lewinsky, Ms. Currie mentioned Mr. Podesta to her in September 1997, but never told her to call him. Lewinsky 8/24/98 Int. at 7. Subsequently, Ms. Currie asked Mr. Podesta to help Ms. Lewinsky get a New York job. Lewinsky 2/1/98 Statement at 2-3; Podesta 2/5/98 GJ at 40-43; Podesta 6/16/98 GJ at 13.

568. 1037-DC-00000038 - 040; 1037-DC-00000167 - 169 (email to Catherine Davis).

569. Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7.

570. 1037-DC-00000038, 1037-DC-00000040, 1037-DC-00000167 - 169. Ms. Lewinsky told several people about the gifts. Catherine Davis 3/17/98 ⁽⁵⁷¹⁾

571. Catherine Davis GJ 31-32, 109-111; Erbland GJ 39-42; Finerman depo 14-15; Marcia Lewis GJ 98; Raines GJ 53-55. - - - - - - -- - -

572. Lewinsky 7/29/98 Int. at 16; Lewinsky 8/4/98 Int. at 5.

573. MSL-DC-00001050. Beneath the text of the document, at the bottom of the page, Ms. Lewinsky added: "JUST A REMINDER TO THROW THIS AWAY AND NOT SEND IT BACK TO THE STAFF SECRETARY!" Id. The statement that Ms. Lewinsky and the President had not spent time together in six weeks evidently refers to her August 16 visit, before his vacation.

574. Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7. On September 30, the President signed, under penalty of perjury, interrogatory responses in the sexual harassment case, answering Ms. Jones's allegations against him. V002-DC-00000008 - 15.

575. Lewinsky 8/13/98 Int. at 1. In email, Ms. Lewinsky indicated that it was Ms. Currie who told her that the President was going to talk to the Chief of Staff. 1037-DC-00000168.

576. Bowles 4/2/98 GJ at 12, 65-73.

577. Bowles 4/2/98 GJ at 67-68.

578. Bowles 4/2/98 GJ at 70, 74-75. Mr. Bowles placed this incident in late summer or early fall of 1997. Bowles 4/2/98 GJ at 65-66. Mr. Podesta's account largely matches Mr. Bowles's, except that Mr. Podesta placed the incident in late spring or summer of 1997; he understood that Ms. Lewinsky wanted a job in the White House or an agency; and he recalled being told by Mr. Bowles that Ms. Lewinsky, according to the President, "thought that she hadn't been treated fairly" in being transferred to the Pentagon. Podesta 2/5/98 GJ at 21-22.

579. Lewinsky 8/6/98 GJ at 102. See also Lewinsky GJ 8/6/98 at 102; Lewinsky 7/29/98 Int. at 13; Lewinsky 7/31/98 Int. at 9; Tripp 7/28/98 GJ at 110-111, 125-26. Ms. Tripp's friend Kate Friedrich, however, has denied having made the remarks that Ms. Tripp attributed to her. Friedrich 7/17/98 Int. at 1.

580. Lewinsky 7/31/98 Int. at 10.

581. Lewinsky 8/13/98 Int. at 1.

582. MSL-55-DC-0178 (spelling and punctuation corrected).

583. Lewinsky 8/4/98 Int. at 2-3.

584. T1 at 28.

585. T1 at 24.

586. T1 at 61.

587. T1 at 25.

588. T13 at 19.

589. MSL-55-DC-00000001 (letter); 837-DC-00000001 (courier receipts); T1 at 97.

590. MSL-55-DC-00000001.

591. Lewinsky 8/6/98 GJ at 103; Lewinsky 7/31/98 Int. at 10. See also Lewinsky 7/29/98 Int. at 6; Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7.

592. T13 at 20.

593. T8 at 30. See also Lewinsky 7/31/98 Int. at 10. See also MSL-55-DC-0177 (draft letter from Ms. Lewinsky to the President referring to this remark); DB-DC-00000017 (another draft of same letter).

594. T8 at 30.

595. T8 at 30.

596. T8 at 33.

597. Lewinsky 7/31/98 Int. at 10; Lewinsky 7/27/98 Int. at 5.

598. Lewinsky 7/31/98 Int. at 10.

599. Lewinsky 7/31/98 Int. at 10.

600. Lewinsky 7/31/98 Int. at 11.

601. 827-DC-00000018 (Epass records). Ms. Lewinsky's aunt, Debra Finerman, wrote in a note that "Monica was called by Betty to come at 9:30 this a.m." MSL-DC-00000456 (document found in Ms. Lewinsky's apartment in the course of a consensual search on January 22, 1998).

602. 952-DC-00000060 (movement logs).

603. Lewinsky 8/6/98 GJ at 27-28 & Exh. ML-7.

604. Lewinsky 8/6/98 GJ at 104; Lewinsky 8/13/98 Int. at 2-3; T2 at 5.

605. Lewinsky 8/6/98 GJ at 104; Lewinsky 7/31/98 Int. at 11-12. Ms. Lewinsky was not certain whether it was during the October 11 visit or their October 10 phone conversation that she first asked the President to speak to Mr. Jordan on her behalf. Lewinsky 8/6/98 GJ at 104.

606. Lewinsky 8/6/98 GJ at 104; Lewinsky 7/31/98 Int. at 11-12. Ms. Lewinsky later said that the President assured her that he would call her and give "a report." T13 at 17-18.

607. T2 at 14. In the grand jury, Ms. Currie was shown a transcript of this recorded conversation and acknowledged that the meeting described by Ms. Lewinsky "probably happened." Currie 5/6/98 GJ at 187.

608. T2 at 14. Although it is unclear whether the President spoke with Mr. Bowles about a recommendation for Ms. Lewinsky in October, there is evidence he did so on January 13, 1998. See infra at Section XIII.H.

609. T2 at 10-11.

610. T2 at 11-12.

611. Lewinsky 7/31/98 Int. at 12. Ms. Lewinsky produced a draft of this document to the OIC on July 31, 1998. Lewinsky 7/31/98 Int. at 3. See also Lewinsky 8/13/98 Int. at 3.

612. DB-DC-00000027 (punctuation corrected) (emphasis in original). Ms. Lewinsky produced a draft of this document to the OIC on July 31, 1998. Lewinsky 7/31/98 GJ at 3.

613. DB-DC-00000027. Ms. Lewinsky also indicated that she would consider a job at one of the networks; she mentioned "Kaplan," and added that "CNN has a NY office." DB-DC-00000027. In a recorded conversation, Ms. Lewinsky said that she had told the President about her interest in television during their October 11 meeting. The President had responded, "The only one I know in a network is Kaplan, . . . but his job is in Atlanta." T2 at 6. See also Lewinsky 7/31/98 Int. at 11. CNN President Rick Kaplan is a friend of the President.

614. DB-DC-00000027.

615. T7 at 26.

616. T7 at 30.

617. T2 at 21-27. See also Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7; Lewinsky 8/11/98 Int. at 4.

618. T2 at 23. In her description, the card was "kind of cartoony" and said: "This is a test of the emergency insanity system." T2 at 21. See also Lewinsky 8/13/98 Int at 3.

619. T2 at 26-27.

620. T2 at 27-30. Ms. Lewinsky asked Ms. Currie to leave the packet under the President's desk.⁽⁶²¹⁾

621. T2 at 3-4. ⁽⁶²²⁾

622. Phone records reflect that, on October 17, Ms. Lewinsky placed two short calls to Ms. Currie from the Pentagon, one at 11:10 a.m. and the second at 1:06 p.m. 833-DC-00017869 (Ms. Lewinsky's phone records). There are no records of calls placed by Ms. Currie to Ms. Lewinsky from the White House. See Nagy 2/19/98 Int. at 4 ("no record of local telephone calls coming from the White House").

Ms. Currie testified in the grand jury: "I don't remember a large package, only something with the Plum Book thing in it. And I just don't remember it being a large package." Currie 5/14/98 GJ at 52-53; see also Currie 5/14/98 GJ at 154. (The Plum Book is a government job search book, listing political appointee and Schedule C jobs. Currie 5/6/98 GJ at 154, 169.) Ms. Currie also recalled a list that Ms. Lewinsky had prepared about New York public relations firms. Currie 5/14/98 GJ at 56.

623. Lewinsky 8/13/98 Int. at 4; Lewinsky 8/26/98 Depo. at 61-63.

624. Podesta 2/5/98 GJ at 40-41. See also Lewinsky 7/31/98 Int. at 10. As previously discussed, Ms. Currie had earlier asked Mr. Podesta to help Ms. Lewinsky obtain a White House job.⁽⁶²⁵⁾

625. See supra at [].

626. Podesta 2/5/98 GJ at 40-45; Richardson 4/30/98 Depo. at 28. On Sunday, October 12, 1997, the President traveled to Latin America for one week. United States President, Weekly Compilations of Presidential Documents at 1608, 1609, 1653. On that trip, the President was accompanied by, among others, then-U.N. Ambassador William Richardson and the Deputy Chief of Staff, John Podesta. Richardson 4/30/98 Depo. at 28-29; Podesta 2/5/98 GJ at 44. Ambassador Richardson recalled that Mr. Podesta had first made the request prior to the trip to Latin America. Richardson 4/30/98 Depo. at 28.

627. Podesta 2/5/98 GJ at 45; Richardson 4/30/98 Depo. at 32.

628. Richardson 4/30/98 Depo. at 160-61; Clinton 1/17/98 Depo. at 73.

629. Richardson 4/30/98 Depo. at 26.

630. Watkins 5/27/98 Depo. at 11-12, 18.

631. Podesta 2/5/98 GJ at 46.

632. 828-DC-00000012 (faxed copy of Ms. Lewinsky's resume, produced by the U.N.); Currie 5/6/98 GJ at 174.

633. 828-DC-00000004 (U.N. phone records).

634. Lewinsky 8/13/98 Int. at 3.

635. Lewinsky 8/26/98 Depo. at 63-64. See also Lewinsky 8/26/98 Depo. at 63-64; Lewinsky 7/31/98 Int. at 12; Lewinsky 7/27/98 Int. at 5.

636. Lewinsky 7/27/98 Int. at 5.

637. Richardson 4/30/98 Depo. at 47-48; Watkins 5/27/98 Depo. at 27-29. Ms. Watkins further testified that she often placed calls from the Ambassador's line. Watkins 5/27/98 Depo. at 37-38.

638. Lewinsky 8/13/98 Int. at 3-4.

639. Lewinsky 8/13/98 Int. at 4.

640. Lewinsky 8/13/98 Int. at 4. See also Lewinsky 7/31/98 Int. at 12.

641. Lewinsky 8/26/98 Depo. at 64-65; Lewinsky 7/31/98 Int. at 13.

642. Lewinsky 8/26/98 Depo. at 65. Ms. Lewinsky wrote an email to her friend Catherine Allday Davis: "It was nice; the big creep called Thursday night to give me a pep talk because I was so afraid I'd sound like an idiot." 1037-DC-00000022 (spelling corrected).⁽⁶⁴³⁾

643. 1037-DC-000000022 (spelling corrected).

644. Lewinsky 7/31/98 Int. at 13. See also Lewinsky 8/26/98 Depo. at 65.

645. Clinton 1/17/98 Depo. at 74.

646. 828-DC-00000023 (Ambassador Richardson's diary reflecting 7:30 a.m. meeting with Monica Lewinsky). See also Ambassador Richardson 4/30/98 Depo. at 66-68; Sutphen 5/27/98 Depo. at 7; Cooper 1/27/98 Int. at 1-2; Lewinsky 7/31/98 Int. at 13-14. After meeting with Ms. Lewinsky, Ambassador Richardson spent the remainder of the day meeting individually with Senators and Members of Congress. 828-DC-00000023 (Ambassador Richardson's itinerary for October 31).

647. Richardson 4/30/98 Depo. at 68; Cooper 1/27/98 Int. at 1-2.

648. Richardson 4/30/98 Depo. at 39; Sutphen 5/27/98 Depo. at 15-16; Cooper 1/27/98 Int. at 2.

649. The draft was retrieved from Ms. Lewinsky's computer in the course of a consensual search on January 22, 1998.

650. MSL-55-DC-0179 (punctuation added)(italics in original).

651. MSL-55-DC-0179.

652. MSL-55-DC-0179. Ms. Lewinsky concluded the letter, "I was pleased the UN interview went well, but I'm afraid it will be like being at the Pentagon in NY. . . YUCK!" MSL-55-DC-0179 (ellipsis in original).

653. Lewinsky 8/13/98 Int. at 4-5; Lewinsky 7/31/98 Int. at 14; Lewinsky 7/27/98 Int. at 5.

654. 828-DC-00000003.

655. Lewinsky 8/26/98 Depo. at 67; Lewinsky 7/27/98 Int. at 5; Lewinsky 7/31/98 Int. at 14; Lewinsky 8/13/98 Int. at 5.

According to Ambassador Richardson, the position offered to Ms. Lewinsky was not newly created. He testified that he intended to expand an open position in the U.N.'s Washington office and move it to New York. Richardson 4/30/98 Depo. at 39-40. Although Ambassador Richardson did not recall whether this opening was publicized, he testified that it would be common for the office not to post Schedule C (political appointment) positions. Richardson 4/30/98 Depo. at 71-72. Peter Aronsohn, who filled the position Ms. Lewinsky was offered, characterized the job as a "new position." Aronsohn 8/27/98 Int. at 2.

656. Sutphen 5/27/98 Depo. at 26.

657. Richardson 4/30/98 Depo. at 90-91; Sutphen 5/27/98 Depo. at 21-23.

658. Lewinsky 8/26/98 Depo. at 65-66; Lewinsky 8/13/98 Int. at 4.

659. Currie 5/6/98 GJ at 174-75, 181; Currie 5/14/98 GJ at 65-66.

660. Clinton 1/17/98 Depo. at 73.

661. Sutphen 5/27/98 Depo. at 32-33; Lewinsky 8/13/98 Int. at 5.

662. Sutphen 5/27/98 Depo. at 33. See also Richardson 4/30/98 Depo. at 110-11 (recalling Ms. Lewinsky's request for additional time to consider the offer).

663. Lewinsky 7/27/98 Int. at 5; Sutphen 5/27/98 Depo. at 38; 1013-DC-00000095 (toll records for Debra Finerman).

664. 921-DC-00000101 - 118 (Second Set of Interrogatories from Plaintiff to Defendant Clinton).

665. V002-DC-00000016; V002-DC-00000020-21.

666. See supra at IX.B. See also Lewinsky 8/6/98 GJ at 104; Lewinsky 7/31/98 Int. at 11-12.

667. MSL-55-DC-0179.

668. Lewinsky 7/31/98 Int. at 14.

669. Lewinsky 7/31/98 Int. at 14. Phone records reflect that on November 4 at 3:54 p.m., Ms. Lewinsky placed a three-and-a-half-minute call to Mr. Jordan's office; at 4:09 p.m., Mr. Jordan placed a one-minute call to Ms. Currie; and at 4:38 p.m., Mr. Jordan placed a one-minute call to Ms. Currie. 833-DC-00017875 (Ms Lewinsky's phone records); V004-DC-00000134 (Akin, Gump phone records).

670. T2 at 11-12. See also Lewinsky 7/31/98 Int. at 11.

671. Jordan 5/5/98 GJ at 47 (Mr. Jordan testified that he believed the President had told Ms. Currie to "[c]all Vernon and ask Vernon to help her").

672. Currie 5/6/98 GJ at 169-70, 176-78, 182-83, 198.

673. Clinton 1/17/98 Depo. at 81.

674. Clinton 1/17/98 Depo. at 82.

675. 1178-DC-00000011 (call logs).

676. Lewinsky 7/31/98 Int. at 14.

677. Lewinsky 7/31/98 Int. at 14-15.

678. Lewinsky 8/13/98 Int. at 3.

679. Lewinsky 8/6/98 GJ at 106; Lewinsky 7/31/98 Int. at 14-15; Lewinsky 7/27/98 Int. at 8, 10. Ms. Lewinsky later quoted the remark in email to a friend.⁽⁶⁸⁰⁾

680. 1037-DC-00000017 (email retrieved from Ms. Davis's computer). --

681. 1037-DC-00000017 (email retrieved from Catherine Davis's computer).

682. Jordan 3/3/98 GJ at 13.

683. V004-DC-00000135 (Akin, Gump phone records).

684. Jordan 5/5/98 GJ at 54.

685. 1178-DC-00000026 (WAVES record). Ms. Lewinsky would learn of the meeting between the President and Mr. Jordan. In email to a friend dated November 6, Ms. Lewinsky wrote that Mr. Jordan had "[seen] the big creep yesterday afternoon." 1037-DC-00000017 (spelling corrected) (email to Catherine Davis).

686. Jordan 5/5/98 GJ at 34.

687. 833-DC-00000980 (letter retrieved from Ms. Lewinsky's Pentagon computer)(spelling corrected).

688. 1037-DC-00000017 (email retrieved from Catherine Davis's computer). Ms. Lewinsky wrote that she was "a little nervous to do the whole name of the BF. His first name is Vernon." Id. According to her aunt, Debra Finerman, Ms. Lewinsky used the code name "Gwen" when discussing Mr. Jordan because "he's an important person" and Ms. Lewinsky "always had the feeling somebody was listening in" on their phone conversations, they did not want an eavesdropper to know that Mr. Jordan was helping her find a job. Finerman 3/18/98 Depo. at 60. See also Lewinsky 8/5/98 Int. at 3; Lewinksy 8/3/98 Int. at 9.

689. Jordan 3/3/98 GJ at 50.

690. Jordan 5/5/98 GJ at 26-30, 34.

691. Epass records reflect that Ms. Lewinsky entered the White House at 6:20 p.m., admitted by Ms. Currie. 827-DC-00000018. Secret Service Movement logs show that the President entered the State Floor at 5:23 and moved to the Oval Office at 6:34. V006-DC-00002156.

692. 1037-DC-00000318 (email retrieved from Catherine Davis's computer).

693. Lewinsky 8/13/98 Int. at 5.

694. Lewinsky 8/13/98 Int. at 5. Many of Ms. Lewinsky's previous visits with the President had occurred on holidays. See, e.g., Lewinsky 7/30/98 Int. at 3, 13, 17 (describing visits on New Year's Eve, Presidents' Day, Easter Sunday, and July 4).

695. 837-DC-00000008(courier receipt).

696. DB-DC-00000022. Ms. Lewinsky produced a draft of this letter to the OIC on July 31, 1998. See also Lewinsky 7/31/98 Int. at 1 (confirming that she delivered a substantially similar note).

697. DB-DC-00000022.

698. Lewinsky 8/13/98 Int. at 5-6. On November 12, 1997, the President responded to Paula Jones's Third Set of Interrogatories. In response to an interrogatory that asked the President to provide information about all individuals who have discoverable and relevant information regarding the disputed facts at issue in the case, the President provided a list of names that did not include Ms. Lewinsky. 849-DC-0000090 - 97.

699. 1037-DC-00000318 (email retrieved from Catherine Davis's computer).

700. 1037-DC-00000318 (spelling corrected). Lewinsky 8/13/98 Int. at 6. On November 13, Ms. Hernreich was testifying before Congress. Walsh, "Democratic Donor Chung Invokes 5^th Amendment; House Members Informally Interview Businessman Edward Walsh," Washington Post, November 15, 1997, at A6.

701. MSL-1249-DC-0140; Lewinsky 8/13/98 Int. at 6.

702. 1037-DC-00000318 (email retrieved from Catherine Davis's computer).

703. Lewinsky 8/13/98 Int. at 6; 1234-DC-00000050 (movement log); 986-DC-00003799 (Kearney Diary).

704. Lewinsky 8/13/98 Int. at 6.

705. Lewinsky 8/13/98 Int. at 6; 1037-DC-00000318 (email to Catherine Davis).

706. In a note to the President the next week, Ms. Lewinsky would write of the gifts: "I forgot to tell you: . . . The Gingko Blowjoba or whatever it is called and the Zinc lozenges were from me." MSL-55-DC-0140 (spelling and grammar corrected).

707. Lewinsky 8/6/98 GJ at 183-85; Lewinsky 8/2/98 Int. at 4. Ms. Lewinsky also saw a clipping of the Valentine's Day ad she had placed in the Washington Post on the President's desk. Lewinsky 8/6/98 GJ at 183-84. In a document composed soon after this visit, Ms. Lewinsky wrote: "When I was hiding out in your office for a half-hour, I noticed you had the new Sarah McLachlan CD. I have it, too, and it's wonderful. Whenever I listen to song #5 I think of you. That song and Billie Holiday's version of 'I'll be Seeing You' are guaranteed to put me to tears when it comes to you!" MSL-1249-DC-0140-41 (deleted file from Ms. Lewinsky's home computer) (spelling and grammar corrected).

708. 1037-DC-00000318 (email to Catherine Davis).

709. Lewinsky 8/13/98 Int. at 6.

710. OIC 8/27/98 Memo.

711. 968-DC-00000187 (presidential schedule); 968-DC-00000303 (Kearney Diary). Ms. Currie initially testified that she could not recall Ms. Lewinsky's November 13 visit. Currie 5/6/98 GJ at 12, 15. After viewing documentary evidence, she recalled that this was the only time she surreptitiously escorted Ms. Lewinsky into the White House. Id. at 85.

712. Lewinsky 8/11/98 Int. at 1; Lewinsky 7/31/98 Int. at 1-2; 837-DC-00000011 (courier receipt); MSL-1249-DC-0140-41 (document recovered from Ms. Lewinsky's home computer).

On November 17, 1997, the President responded to Paula Jones's First Set of Requests for Production of Documents and Things. One request sought documents sent to President Clinton by any woman (other than Mrs. Clinton) with whom President Clinton had sexual relations. V002-DC-00000056 - 92. President Clinton objected to this request as one designed "solely to harass, embarrass, and humiliate the President and the Office he occupies." V002-DC-00000075. Nonetheless, the President answered that he did not have any documents responsive to that request.

713. Lewinsky 8/6/98 GJ at 105.

714. Lewinsky 8/6/98 GJ at 105. Phone and pager records corroborate these contacts. 1205-DC-00000016; V004-DC-00000143; 831-DC-00000011. (Note that Ms. Lewinsky's pager records reflect Pacific Time; throughout this referral, time has been adjusted to Eastern Standard Time.)

715. MSL-1249-DC-0140 (spelling and punctuation corrected).

716. MSL-1249-DC-0139 (spelling and punctuation corrected).

717. 849-DC-00000128.

718. 849-DC-00000121-37

719. See infra at Section XI.F. See also Lewinsky 8/6/98 GJ at 121-26.

720. Clinton 8/17/98 GJ at 84-85. In his Jones deposition, the President acknowledged that he may have heard of the witness list before he actually saw it. Clinton 1/17/98 Depo. at 70.

721. 833-DC-00003207 (Travel Voucher DOD).

722. Lewinsky 8/6/98 GJ at 107; Lewinsky 7/31/98 Int. at 1.

723. V006-DC-00000521 (guest list); VOO6-DC-00001859 (photograph of Ms. Lewinsky and the President at the reception).

724. Lewinsky 7/31/98 Int. at 1.

725. Lewinsky 7/31/98 Int. at 2; MSL-55-DC-0177. The wording of the letter resembles, in part, a message on a cassette found during the consensual search of Ms. Lewinsky's apartment: "Hi. [Sniffling, crying.] I was so sad seeing you last night. I was so angry with you that once again you had rejected me. . . . I wanted to feel the warmth of you and the smell of you and the touch of you. And it made me sad. And I -- you confuse me so much. I mean I [sigh]. I thought I -- I thought I fell in love with this person that -- that I really felt was such a good -- such a good person, such a good heart, someone who's had a life with a lot of experiences.⁽⁷²⁶⁾

726. Search.001 transcript at 2. [get cite for tape itself]

727. MSL-55-DC-0177 (punctuation corrected).

728. MSL-55-DC-0177 (punctuation corrected).

729. MSL-DC-55-0177 (punctuation corrected).

730. MSL-55-DC-0177 (punctuation corrected).

731. Lewinsky 8/6/98 GJ at 108-09; Lewinsky 8/6/98 GJ at 27-29 & Exh. ML-7. The cigar holder, the tie, the mug, and the book have been produced to the OIC. V002-PHOTOS-0011 (holder, tie, and book); V002-PHOTOS-0005 (mug).

732. Lewinsky 8/6/98 GJ at 111-12.

733. Bryan Hall 5/21 98 Int. at 2; Bryan Hall 7/23/98 GJ at 10-11, 15-16; Niedzwiecki 7/30/98 GJ at 12-13; Lewinsky 8/6/98 GJ at 109-11.

734. Lewinsky 8/6/98 GJ at 110-11; Niedzwiecki 7/30/98 GJ at 13-14.

735. Byran Hall 7/23/98 GJ at 12-13; Niedzwiecki 7/30/98 GJ at 13, 15. Officer Hall recognized Ms. Lewinsky from a previous occasion, when she was greeted by, and delivered something to, Ms. Currie. Byran Hall 7/23/98 GJ at 6-10.

736. Tyler 7/28/98 GJ at 40; Chinery 7/23/98 GJ at 8.

737. Lewinsky 8/6/98 GJ at 111-12. Ms. Mondale recalled visiting the President that morning. Mondale 7/16/98 Int. at 1. See also 843-DC-00000004 (Epass records reflect that Ms. Mondale entered the White House at 9:33 a.m.).

738. Lewinsky 8/6/98 GJ at 111-12. See also Currie 7/22/98 GJ at 88-89. Ms. Lewinsky suspected that Ms. Mondale was romantically involved with the President. ⁽⁷³⁹⁾

739. In a conversation on November 11, Ms. Lewinsky speculated that Ms. Mondale was and the President were starting a "relationship." Ms. Lewinsky noted with bitterness: "Maybe she's not sleeping with him yet. Anyway, there's the excitement. It's the President." LT16 at 91. -

740. Lewinsky 8/6/98 GJ at 112-13. Ms. Currie testified that Ms. Lewinsky angrily told her: "'You had lied to me, that the President is in the office, and he's meeting with someone.' And I said, 'Yeah, you're right.' She was not too happy about it, and words were exchanged." Currie 1/27/98 GJ at 37.

741. Keith Williams 7/23/98 GJ at 24. See also Chinery 7/23/98 GJ at 10; Purdie 7/23/98 GJ at 13.

742. Keith Williams 7/23/98 GJ at 12. Some testimony indicates that the President directly told Sergeant Williams about the Northwest Gate incident. Three officers testified that Sergeant Williams told them that the President had spoken to him and had indicated that he wanted the officer responsible for the disclosure of information fired. Niedzwiecki 7/30/98 GJ at 29, 37; Byran Hall 7/23/98 GJ at 25-26; Porter 8/13/98 GJ at 16-18. For example, Officer Niedzwiecki testified that soon after the incident, Sergeant Williams came to the Northwest Gate and said, "[t]he President wants somebody's job." Niedzwiecki 7/30/98 GJ at 29. Sergeant Williams testified, however, that the President did not speak to him directly about the incident. Keith Williams 7/23/98 GJ at 31-32. According to Sergeant Williams, when he met alone with Ms. Currie, he noticed that the door leading to the Oval Office was at first shut but then was cracked open. Keith Williams 7/23/98 GJ at 22, 30. Sergeant Williams testified that he heard what he assumed to be a male voice coming from within the Oval Office saying "[t]his person needs to be fired." Keith Williams 7/30/98 GJ at 10-11. Sergeant Williams told the officers at the gate that he spoke to the President only to get their attention. Keith Williams 7/30/98 GJ at 16-17. However, Sergeant Williams also told the supervisor who replaced him that afternoon that the President had spoken to him directly about the incident at the Northwest Gate. Deardoff 9/3/98 Depo. at 8-9.

743. Purdie 7/23/98 GJ at 13, 18-19. Captain Purdie testified that he thought that the remedy of firing was "out of proportion to the incident . . . [e]specially without doing an investigation or a fact-finding mission."⁽⁷⁴⁴⁾

744. Purdie 7/23/98 GJ at 19.

745. Lewinsky 8/6/98 GJ at 113.

746. Lewinsky 8/6/98 GJ at 113-14.

747. Lewinsky 8/6/98 GJ at 114.

748. Lewinsky 8/6/98 GJ at 114.

749. 827-DC-00000018. Secret Service logs reflect that the President was in the area of the Oval Office throughout this period. V006-DC-00002158.

750. Lewinsky 8/6/98 GJ at 115-16. Specifically, Ms. Lewinsky told the President "that I was supposed to get in touch with Mr. Jordan the previous week and that things didn't work out and that nothing had really happened yet." Id.

751. Lewinsky 8/6/98 GJ at 116. The President also told Ms. Lewinsky that he had already gotten a Christmas present for her and that he would give that to her during another visit. Lewinsky 8/1/98 Int. at 2.

752. Lewinsky 8/6/98 GJ at 115.

753. 1037-DC-00000011 (spelling corrected).

754. Keith Williams 7/23/98 GJ at 25. Ms. Currie confirmed that she told an officer, "Okay. Fine. This never happened." However, she testified that she said this so that no officer would get in trouble. Currie 7/22/98 GJ at 91-92.

When Ms. Currie left work that day, she stopped by a Secret Service post and told an officer that "she spoke to the President . . . and . . . they decided that the incident never happened, they weren't going to pursue . . . discipline actions against them, that they just wanted it to go away." Chinery 7/23/98 GJ at 22-23. Later that week, Ms. Currie told that officer to inform one of his supervisors "that everything was okay and just to keep quiet about it." Keith Williams 7/23/98 GJ at 27-28.

755. Purdie 7/23/98 GJ at 32; Purdie 7/17/98 GJ at 3.

756. Purdie 7/17/98 GJ at 6; Bryan Hall 7/23/98 GJ at 31-32; Chinery 7/23/98 GJ at 21.

757. Porter 8/13/98 GJ at 12.

758. Niedzwiecki 7/30/98 GJ at 30-31.

759. Niedzwiecki 7/30/98 GJ at 31, 44. See also Niedzwiecki 8/5/98 GJ at 4-6 (text of Niedzwiecki notes).

760. Purdie 7/23/98 GJ at 35.

761. Purdie 7/23/98 GJ at 34-36. While Deputy Chief O'Malley testified that Captain Purdie notified him of the incident, Deputy Chief O'Malley did not recall Captain Purdie discussing with him, at any time, a decision not to generate an incident report or a memorandum. Charles O'Malley 9/8/98 Depo. at 44, 47-48.

762. O'Malley 9/8/98 Depo. at 22, 40-41.

763. Clinton 8/17/98 GJ at 84-85, 87. Ms. Mondale stated that she met with the President alone in the Oval Office study that day. Mondale 7/16/98 Int. at 1.

764. Clinton 8/17/98 GJ at 86.

765. Clinton 8/17/98 GJ at 88-89.

766. Clinton 8/17/98 GJ at 89-90.

767. Clinton 8/17/98 GJ at 91-92.

768. Lewinsky 8/6/98 GJ at 151-52; Lewinsky 2/1/98 Statement at 6. On December 23, Paula Jones's attorneys issued a subpoena to the Secret Service.

769. Lindsey 3/12/98 GJ at 64-66; Lindsey 2/19/98 GJ at 9-10. WAVES records reflect that Robert Bennett entered the White House at 4:39 p.m. on Saturday, December 6. 1407-DC-00000005.

770. Lindsey 3/12/98 GJ at 65.

771. 964-DC-00000862 (Presidential mail notes).

772. Lindsey 3/12/98 GJ at 63-64. Mr. Lindsey refused to answer questions about his December 6 meeting with the President, claiming attorney-client privilege and Executive (presidential communications) Privilege.⁽⁷⁷³⁾

773. Lindsey 3/12/98 GJ at 66. The U.S. District Court for the District of Columbia Circuit rejected Mr. Lindsey's claim of privilege, In re Grand Jury Proceedings, 5 F. Supp.2d 21 (D.D.C. 1998), and the Court of Appeals denied Mr. Lindsey's appeal, In re Lindsey, __ F.3d __, 1998 WL 418780 (D.C. Cir. 1998). A petition for Supreme Court review is currently pending. __ U.S.L.W. __ (U.S. Aug. 21, 1998) (No. 98-316).

774. WAVES records reflect that Mr. Jordan entered the White House at 5:21 p.m. on Sunday, December 7. 1178-DC-00000026.

775. Jordan 5/5/98 GJ at 83. He later testified that the conversation was "[a]bsolutely not" about Ms. Lewinsky. Jordan 5/5/98 GJ at 116.

776. V004-DC-00000171 (Akin, Gump visitor records) (recording visit of "Malensky"). Ms. Lewinsky recalled arranging the meeting on December 8 or 9. Lewinsky 8/1/98 Int. at 3. See also 833-DC-00017886 (reflecting Ms. Lewinsky's call to Mr. Jordan on December 8).

On December 8, Ms. Lewinsky sent Mr. Jordan a hat, a box of chocolates, and a note gently reminding him of his promise to help her find a job. Lewinsky 7/31/98 Int. at 15. She also sent the President a note and some peach candies. Lewinsky 8/1/98 Int. at 2; Lewinsky 8/1/98 Int. at 2; 837-DC-00000017; 837-DC-00000020 (courier receipts).

777. Jordan 3/3/98 GJ at 41-42.

778. V004-DC-00000148 (Akin, Gump phone records). See also Jordan 3/3/98 GJ at 54, 62-63, 70.

Mr. Halperin testified that Mr. Jordan had told him that Ms. Lewinsky "was a bright young woman who was energetic and enthusiastic and . . . encouraged me to meet with her." Halperin 4/23/98 GJ at 13. Similarly, Ms. Fairbairn stated that Mr. Jordan had told her that he "would like to send [her] a resume of a talented young lady and see if she matches up with any company openings." Fairbairn 1/29/98 Int. at 1. Mr. Georgescu, however, stated that Mr. Jordan "did not engage in a 'sales pitch' about [Ms.] Lewinsky." Georgescu 3/25/98 Int. at 2.

779. Lewinsky 8/6/98 GJ at 121. Ms. Lewinsky left the meeting with Mr. Jordan on December 8 with the impression that Mr. Jordan was going to get her a job. Lewinsky 8/1/98 Int. at 4.

780. Lewinsky 8/6/98 GJ at 119.

781. Lewinsky 8/6/98 GJ at 120.

782. Lewinsky 8/6/98 GJ at 120.

783. Lewinsky 8/6/98 GJ at 120. In her handwritten proffer, Ms. Lewinsky gave a very similar account of her second meeting with Mr. Jordan: "Ms. L. met again with Mr. Jordan in the beginning of December '97, at which time he provided Ms. L. with a list of three people to contact and suggested language to use in her letters to them. At some point, Mr. Jordan remarked something about Ms. L. being a friend of the Pres. of the United States. Ms. L. responded that she never really saw him as "the President"; she spoke to him like a normal man and even got angry with him like a normal man. Mr. Jordan asked what Ms. L. got angry about. Ms. L. replied that the Pres. doesn't see or call her enough. Mr. Jordan said Ms. L. should take her frustrations out on him -- not the President.⁽⁷⁸⁴⁾

784. Lewinsky Proffer at 3-4. -

785. Lewinsky 8/6/98 GJ at 120.

786. Jordan 3/3/98 GJ at 154.

787. Jordan 3/3/98 GJ at 64-65.

788. Jordan 3/3/98 GJ at 65.

789. Jordan 3/3/98 GJ at 65.

790. 1414-DC-00001534 - 46 (Plaintiff's Second Request for Production of Documents and Things).

791. Lewinsky 8/6/98 GJ at 121-26.

792. Lewinsky 8/6/98 GJ at 126. Ms. Lewinsky testified that the call came as a surprise because Mrs. Clinton was in town. Id. at 122. See also 968-DC-00003479 (Mrs. Clinton's schedule reflects that she was in Washington, D.C. on December 17).

793. Lewinsky 8/6/98 GJ at 122-23.

794. Lewinsky 8/6/98 GJ at 123.

795. Lewinsky 2/1/98 Statement at 4.

796. Lewinsky 8/6/98 GJ at 123.

797. Lewinsky 2/1/98 Statement at 4.

798. Lewinsky 8/6/98 GJ at 123-24. Ms. Lewinsky testified that, "on [s]everal occasions," they had resolved to use this cover story to conceal their relationship. Id.

799. Lewinsky 8/6/98 GJ at 232.

800. Lewinsky 8/6/98 GJ at 126.

801. Lewinsky 8/6/98 GJ at 126.

802. Clinton 8/17/98 GJ at 116.

803. Clinton 8/17/98 GJ at 119. The President himself gave this explanation of Ms. Lewinsky's visits to the Oval Office at his Jones deposition. Clinton 1/17/98 Depo. at 50-51.

804. Clinton 8/17/98 GJ at 119-20.

805. Clinton 8/17/98 GJ at 119-20.

806. Clinton 8/17/98 GJ at 120.

807. Halperin 1/26/98 Int. at 2.

808. Berk 3/31/98 Int. at 1-2. In her proffer, Ms. Lewinsky stated that, during the week following her December 11 meeting with Mr. Jordan, she "had two interviews in NY in response to her letters." Lewinsky 2/1/98 Statement at 4.

809. Schick 1/29/98 Int. at 2.

810. Lewinsky 8/6/98 GJ at 128; Harte 4/17/98 Int. at 1.

811. 902-DC-000000135 - 138 (Lewinsky subpoena).

812. 902-DC-000000137.

813. Lewinsky 8/6/98 GJ at 128-29; Lewinsky 7/27/98 Int. at 6; 8/1/98 Int. at 6-7. In the late-night December 17 call, the President told Ms. Lewinsky that, if she were subpoenaed, she should call Ms. Currie. Ms. Lewinsky did not do so on December 19 because Ms. Currie's brother had recently died and Ms. Lewinsky did not want to bother her. Lewinsky 8/6/98 GJ at 126.

814. Jordan 3/3/98 GJ at 92-93. Mr. Jordan said that he did not contemplate representing Ms. Lewinsky himself because "I represent companies. I don't represent individuals." Jordan 3/3/98 GJ at 101.

815. V004-DC-00000172 (Akin, Gump visitor logs).

816. V004-DC-00000151 (Akin, Gump telephone records, indicating the call ended at 5:05 p.m.); 1178-DC-00000014 (Presidential call logs, reflecting the call ended at 5:08 p.m.). Presidential call logs are recorded by hand, and thus are likely to be less accurate. The President may have been returning a call that Mr. Jordan had placed at 3:51 p.m.

817. Lewinsky 8/6/98 GJ at 131; V004-DC-00000151 (Akin, Gump telephone records). Mr. Jordan asked whether he could bring a potential client to Mr. Carter's office on Monday morning.⁽⁸¹⁸⁾

818. Jordan 5/5/98 GJ at 154-55. See also Carter 6/18/98 GJ at 10. Although Mr. Jordan was adamant that Ms. Lewinsky was not in his office when he spoke with the President, he was uncertain whether Ms. Lewinsky was in the office when the 5:06 p.m. call was placed to Mr. Carter. Jordan 5/5/98 GJ at 154. - -

819. Lewinsky 8/6/98 GJ at 131.

820. Jordan 5/5/98 GJ at 140, 152-53.

821. Jordan 5/5/98 GJ at 145.

822. Jordan 5/5/98 GJ at 145.

823. Jordan 5/5/98 GJ at 147.

824. Jordan 5/5/98 GJ at 147.

825. Jordan 3/3/98 GJ at 102.

826. Jordan 3/3/98 GJ at 103.

827. Lewinsky 8/6/98 GJ at 131-32.

828. Lewinsky 8/6/98 GJ at 132.

829. Lewinsky 8/6/98 GJ at 132. In her handwritten proffer, Ms. Lewinsky described her meeting with Mr. Jordan that afternoon: "Ms. L expressed anxiety with respect to her subpoena requesting production of any gifts from the Pres., specifically citing hat pins which the Pres. had in fact given her. Mr. Jordan allayed her concerns by telling her it was standard language." Lewinsky 2/1/98 Statement at 5.

830. Lewinsky 8/6/98 GJ at 133.

831. Jordan 3/3/98 GJ at 150. Ms. Lewinsky confirmed that she had such a conversation with Mr. Jordan, although she believed it took place after a breakfast meeting on December 31. Lewinsky 8/6/98 GJ at 188; Lewinsky 2/1/98 Statement at 8.

832. Jordan 3/3/98 GJ at 123.

833. Jordan 3/3/98 GJ at 122. He also said: "I did not get graphic, I did not get specific, I didn't ask her if they kissed, I didn't ask if they caressed, all of which, as I understand it, is a part of the act of sex." Id. at 130.

834. Jordan 3/3/98 GJ at 126.

835. Jordan 3/3/98 GJ at 122-24. See also Lewinsky 8/6/98 GJ at 133-35.

836. Lewinsky 8/6/98 GJ at 134.

837. Lewinsky 8/6/98 GJ at 134.

838. Lewinsky 8/6/98 GJ at 135. According to Ms. Lewinsky, Mr. Jordan responded, "I don't hug men." Id.

839. Jordan 3/3/98 GJ at 167-8.

840. Jordan 3/3/98 GJ at 169. According to Mr. Jordan, the President listened with "some amazement" when Mr. Jordan recounted the conversation. Id. at 170.

841. Jordan 3/3/98 GJ at 173-74.

842. Jordan 3/3/98 GJ at 170.

843. Jordan 3/3/98 GJ at 171.

844. Jordan 3/3/98 GJ at 172. In the days that followed, Mr. Jordan informed the President that he had succeeded in engaging Francis Carter to represent Ms. Lewinsky. Jordan 3/5/98 GJ at 27.

845. Clinton 8/17/98 GJ at 64.

846. Clinton 8/17/98 GJ at 65-66.

847. Jordan 3/3/98 GJ at 164-66, 183-84.

848. Lewinsky 8/6/98 GJ at 138.

849. Lewinsky 8/6/98 GJ at 138.

850. Lewinsky 8/6/98 GJ at 138-39.

851. Lewinsky 8/6/98 GJ at 139.

852. Lewinsky 8/6/98 GJ at 139. Mr. Jordan asked what "phone sex" was. Lewinsky 8/6/98 GJ at 139. Ms. Lewinsky stated that she may have explained it this way: "He's taking care of business on one end and I'm taking care of business on another." Lewinsky 8/6/98 GJ at 143.

853. Lewinsky 8/6/98 GJ at 139-140. In her proffer, Ms. Lewinsky wrote that she "showed Mr. Jordan the items she was producing in response to the subpoena. Ms. L believes she made it clear that this was not everything she had that could respond to the subpoena, but she thought it was enough to satisfy." Lewinsky 2/1/98 Statement at 6.

854. Jordan 3/3/98 GJ at 153.

855. The diaries of both Mr. Carter and Mr. Jordan reflect an 11:00 a.m. appointment on December 22, 1997. 902-DC-00000231 (Mr. Carter's diary) and 1034-DC-00000103 (Mr. Jordan's diary).

856. Carter 6/18/98 GJ at 12, 14. According to Mr. Carter, although Mr. Jordan had previously referred clients to him, Mr. Jordan had never personally driven them to his office. Id. at 160-61.⁽⁸⁵⁷⁾

857. CITE

858. Carter 6/18/98 GJ at 158-60, 15, 75.

859. According to Mr. Carter's bill, he met with Ms. Lewinsky for 1.1 hours. 902-DC-00000037.

860. Lewinsky 8/6/98 GJ at 146; Carter 6/18/98 GJ at 25.

861. Lewinsky 8/6/98 GJ at 146-47; Carter 6/18/98 GJ at 25.

862. Lewinsky 8/6/98 GJ at 146. Somewhat at odds with Ms. Lewinsky, Mr. Carter testified, "I thought I needed to develop an affidavit recounting what she said to me." Carter 6/18/98 GJ at 65.

863. Lewinsky 8/6/98 GJ at 147.

864. Lewinsky 8/6/98 GJ at 147.

865. Carter 6/18/98 GJ at 29-30; 902-DC-00000038.

866. Carter 6/18/98 GJ at 39.

867. Carter 6/18/98 GJ at 42-43.

868. V002-DC-000000052 - 54 (President Clinton's Supplemental Responses to Plaintiff's Second Set of Interrogatories); 1414-DC-00000512 - 17 (same).

869. Lewinsky 8/6/98 GJ at 149.

870. Lewinsky 8/6/98 GJ at 149.

871. V0006-DC-00000009 (WAVES records).

872. Lewinsky 8/6/98 GJ at 150-51. In his grand jury testimony, the President recalled giving her many of these gifts and acknowledged that it was "probably true" that these were more gifts than he had ever given her in a single day. Clinton 8/17/98 GJ at 36.

873. Lewinsky 8/26/98 Depo. at 53.

874. Lewinsky 8/6/98 GJ at 151.

875. Lewinsky 8/6/98 GJ at 151-52.

876. Lewinsky 8/6/98 GJ at 152. In her handwritten statement of February 1, 1998, Ms. Lewinsky wrote: "Ms. L. asked [the President] how he thought the attorneys for Paula Jones found out about her. He thought it was probably 'that woman from the summer . . . with Kathleen Willey' (Linda Tripp) who lead [sic] them to Ms. L or possibly the uniformed agents. He shared Ms. L's concern about the hat pin. He asked Ms. L if she had told anyone that he had given it to her and she replied 'no.'" Lewinsky 2/1/98 Statement at 6.

877. Lewinsky 8/20/98 GJ at 66.

878. Lewinsky 8/6/98 GJ at 152. Ms. Lewinsky acknowledged in the grand jury that she had in fact told others about the hat pin. Lewinsky 8/6/98 GJ at 152.

879. Lewinsky 8/6/98 GJ at 152.

880. Lewinsky 8/6/98 GJ at 152. See also Lewinsky 8/20/98 GJ at 66.

881. Lewinsky 8/6/98 GJ at 168.

882. Clinton 1/17/98 Depo. at 68.

883. Clinton 8/17/98 GJ at 33.

884. Clinton 8/17/98 GJ at 39. He further testified that he did not remember that Ms. Lewinsky's subpoena specifically called for a hat pin. Clinton 8/17/98 GJ at 45.

885. Clinton 8/17/98 GJ at 39.⁽⁸⁸⁶⁾

886. Clinton 8/17/98 GJ at 45.

887. Catherine Davis 3/17/98 GJ at 77-79.

888. Lewinsky 8/6/98 GJ at 154-55.

889. Lewinsky 8/6/98 GJ at 155.

890. Lewinsky 8/6/98 GJ at 155-56.

891. Lewinsky 8/6/98 GJ at 156-58. Ms. Currie could remember only one other occasion in which she had driven to Ms. Lewinsky's Watergate apartment. Currie 5/6/98 GJ at 108.

892. Lewinsky 8/6/98 GJ at 158-59.

893. Lewinsky 8/6/98 GJ at 159.

894. Lewinsky 8/6/98 GJ at 159. See also Lewinsky 8/1/98 Int. at 12.

895. Lewinsky 2/1/98 Statement at 7 (punctuation corrected).

896. Ms. Currie stated, at various times, that the transfer occurred sometime in late December 1997 or early January 1998. Currie 1/24/98 Int. at 3; Currie 1/27/98 GJ at 56-57; Currie 5/6/98 GJ at 103-07.

897. Currie 5/6/98 GJ at 105-06.

898. Currie 5/6/98 GJ at 126.

899. Currie 1/27/98 GJ at 58. In her first grand jury appearance in January, Ms. Currie was asked whether she knew who had been asking the questions about the gifts. She testified: "Sir, no, I don't." Id. In a May grand jury appearance, Ms. Currie responded to a similar question by saying that she understood that Newsweek reporter Michael Isikoff (who had earlier written about Kathleen Willey) was asking about the gifts. Currie 5/6/98 GJ at 107, 114, 120. Ms. Lewinsky testified that she never spoke to Mr. Isikoff. Lewinsky 8/24/98 Int. at 9.

900. Currie 5/6/98 GJ at 107-08. See also Currie 1/27/98 GJ at 57-58.

901. Currie 5/6/98 GJ at 110. When the OIC later obtained the box from Ms. Currie by subpoena, it contained various items that the President had given to Ms. Lewinsky, including (a) a hat pin; (b) a brooch; (c) an official copy of the 1996 State of the Union Address inscribed "To Monica Lewinsky with best wishes, Bill Clinton"; (d) a photograph of the President in the Oval Office with a handwritten note, "To Monica -- Thanks for the tie Bill Clinton"; (e) a photograph of the President and Ms. Lewinsky inscribed "To Monica -- Happy Birthday! Bill Clinton 7-23-97"; (f) a sun dress, two t-shirts, and a baseball cap with a Black Dog logo on them; and (g) a facsimile copy of a Valentine's Day message to "Handsome" that Ms. Lewinsky placed in the Washington Post in 1996.

902. Currie 5/6/98 GJ at 106-07.

903. Clinton 8/17/98 GJ at 51.

904. Clinton 8/17/98 GJ at 115.

905. Clinton 8/17/98 GJ at 46.

906. Lewinsky 8/6/98 GJ at 186. Ms. Tripp, like Ms. Lewinsky, had been subpoenaed in the Jones case.

907. Lewinsky 8/6/98 GJ at 186-87. Although Mr. Jordan testified that he never had breakfast with Ms. Lewinsky, see Jordan 3/5/98 GJ at 60, there is strong circumstantial evidence supporting Ms. Lewinsky's testimony that she had breakfast with Mr. Jordan on December 31. Compare Lewinsky 8/6/98 GJ at 187-89 (describing breakfast) with 916-DC-00000003 (Park Hyatt receipt reflecting breakfast as described by Ms. Lewinsky).

908. Lewinsky 8/6/98 GJ at 186-89.

909. Lewinsky 8/6/98 GJ at 187.

910. Lewinsky 8/6/98 GJ at 187.

911. Lewinsky 8/6/98 GJ at 188; 8/26/98 Int. at 2; 8/1/98 Int. at 13.

912. Lewinsky 8/1/98 Int. at 13.

913. Lewinsky 8/6/98 GJ at 190.

914. Lewinsky 8/6/98 GJ at 190-91.

915. Lewinsky 8/2/98 Int. at 1.

916. 902-DC-00000232 (Mr. Carter's day-planner); 902-DC-00000037 (Mr. Carter's bill).

917. Lewinsky 8/6/98 GJ at 192. Mr. Carter agreed that, during one of his meetings with Ms. Lewinsky, he asked her sample questions. Carter 6/18/98 GJ at 110-12.

918. Lewinsky 8/6/98 GJ at 192-93.

919. Carter 6/18/98 GJ at 67-68; Lewinsky 8/6/98 GJ at 194, 199.

920. Lewinsky 8/6/98 GJ at 195.

921. Lewinsky 8/6/98 GJ at 195; Lewinsky 8/2/98 Int. at 3; Lewinsky 2/1/98 Statement at 9 ("That evening Ms. L placed a phone call to Ms. Currie asking her to tell the Pres. that she wanted to speak with him before she signed something the next day. He returned Ms. L's call a few hours later.").

922. Lewinsky 8/6/98 GJ at 196.

923. Lewinsky 8/2/98 Int. at 3. See also Lewinsky 2/1/98 Statement at 9 ("The Pres. told Ms. L. not to worry about the affidavit as he had seen 15 others.").

924. Lewinsky 8/6/98 GJ at 197.

925. Lewinsky 8/6/98 GJ at 197; Lewinsky 2/1/98 Statement at 9 ("Ms. L told him Mr. Carter had asked some sample questions that might be asked of her in the deposition and she didn't know how to answer them.").

926. Clinton 8/17/98 GJ at 126

927. Clinton 8/17/98 GJ at 129.

928. Lewinsky 9/3/98 Int. at 2.

929. Lewinsky 8/6/98 GJ at 198.

930. Lewinsky 8/6/98 GJ at 198.

931. Clinton 8/17/98 GJ at 48-49.

932. Clinton 8/17/98 GJ at 50.

933. Clinton 8/17/98 GJ at 127, 49-50.

934. Lewinsky 8/6/98 GJ at 199-200; Carter 6/18/98 GJ at 70-73. A draft copy of the affidavit, with minor revisions, was found in Ms. Lewinsky's apartment in the course of a consensual search on January 22, 1998.⁽⁹³⁵⁾

935. cite

936. Lewinsky 8/6/98 GJ at 200; Lewinsky 2/1/98 Statement at 6 ("After Ms. L received a draft of the affidavit, she called Mr. Jordan to ask that he look it over before she sign it. He instructed her to drop off a copy at his office. They spoke later by phone about the affidavit agreeing to make some changes.").

937. Lewinsky 8/6/98 GJ at 194-95.

938. Lewinsky 8/6/98 GJ at 202.

939. As originally drafted, Paragraph 6 of the affidavit stated: "In the course of my employment at the White House, I met with the President on several occasions. I do not recall ever being alone with the President, although it is possible that while working in the White House Office of Legislative Affairs I may have presented him with a letter for his signature while no one else was present. This would only have lasted a few minutes and would not have been a private meeting, that is, not behind closed doors.⁽⁹⁴⁰⁾

940. 849-DC-00000634. --

941. 849-DC-00000634-35 (emphasis added).

942. Lewinsky 8/6/98 GJ at 202.

943. 849-DC-00000635.

944. Lewinsky 8/6/98 GJ at 202.

945. Jordan 3/5/98 GJ at 11.

946. Jordan 3/5/98 GJ at 11.

947. See Telephone Calls, Table 35. Catalogs of relevant phone calls are included in Appendix G as a Phone Log, Tables 1 through 50.

948. Carter 6/18/98 GJ at 76-77, 92-93.

949. 902-DC-00000030 (Mr. Carter's bill to Ms. Lewinsky).

950. Jordan 5/5/98 GJ at 210, 214.

951. Jordan 5/5/98 GJ at 218-20.

952. 902-DC-00000232 (Mr. Carter's day-planner).

953. Lewinsky 8/6/98 GJ at 204-05. As to the sentence, "I have never had a sexual relationship with the President," she testified that this was not true.⁽⁹⁵⁴⁾

954. Lewinsky 8/6/98 GJ at 204. ⁽⁹⁵⁵⁾

955. Lewinsky 8/6/98 GJ at 205.

956. Carter 6/18/98 GJ at 108.

957. Jordan 5/5/98 GJ at 222. See also Jordan 3/3/98 GJ at 192; Jordan 3/5/98 GJ at 11; Jordan 5/28/98 GJ at 62. Ms. Lewinsky testified that she told Mr. Jordan on January 6, that she would be signing an affidavit the next day. On January 13, she showed him a copy. Lewinsky 8/6/98 GJ at 200, 220.

958. See Telephone Calls, Table 36.

959. Jordan 3/5/98 GJ at 24-26.

960. Jordan 5/5/98 GJ at 223-25.

961. Jordan 5/5/98 GJ at 225.

962. Jordan 5/5/98 GJ at 226.

963. Clinton 1/17/98 Depo. at 72.

964. Clinton 8/17/98 GJ at 74.

965. Clinton 8/17/98 GJ at 75.

966. Durnan 3/27/98 Int. at 1.

967. Durnan 3/27/98 Int. at 2.

968. Durnan 3/27/98 Int. at 2.

969. Lewinsky 8/6/98 GJ at 206.

970. Lewinsky 8/6/98 GJ at 207-08.

971. See Telephone Calls, Table 37, Call 6.

972. Jordan 5/5/98 GJ at 230.

973. Jordan 5/5/98 GJ at 231. Asked whether he had ever spoken with Mr. Perelman in the past in the context of a job referral, Mr. Jordan could remember three persons for whom he had made referrals: David Dinkins, the former Mayor of New York City;⁽⁹⁷⁴⁾

974. Jordan 3/5/98 GJ at 56. ⁽⁹⁷⁵⁾

975. Jordan 3/5/98 GJ at 56. She went on to become the "number two" person in Revlon's Washington office. Jordan 3/5/98 GJ at 56-57. ⁽⁹⁷⁶⁾

976. Jordan 3/5/98 GJ at 58. -

977. Perelman 4/23/98 Depo. at 10.

978. Perelman 4/23/98 Depo. at 11. In his testimony before the House Government and Reform Oversight Committee, Mr. Jordan testified that he helped former Associate Attorney General Webster Hubbell be retained by Revlon by introducing him to Howard Gittes, Vice Chairman and Chief Administrative Officer at MacAndrews & Forbes.⁽⁹⁷⁹⁾

979. Jordan 7/24/97 House of Representatives Testimony at 35-37. ⁽⁹⁸⁰⁾

980. Id. at 38. ⁽⁹⁸¹⁾

981. Id. -

982. Jordan 5/5/98 GJ at 232. Ms. Lewinsky similarly testified that Mr. Jordan called her back that evening and told her "not to worry."⁽⁹⁸³⁾

983. Lewinsky 8/6/98 GJ at 209.

984. Lewinsky 8/6/98 GJ at 209.

985. See Telephone Calls, Table 37. In addition, Mr. Jordan placed a two-minute call to a number at the White House Counsel's office from his limousine at 6:39 p.m.

986. Jordan 5/28/98 GJ at 19.

987. Jordan 5/28/98 GJ at 20-21. Ms. Mills does not recall having any discussions with Mr. Jordan about Ms. Lewinsky prior to January 17, 1998. Indeed, she had no recollection of hearing Ms. Lewinsky's name prior to January 17. Mills 8/11/98 GJ at 10-11.

988. Seidman 4/23/98 Depo. at 37-38.

989. Lewinsky 8/6/98 GJ at 210.

990. Lewinsky 8/6/98 GJ at 210.

991. Jordan 5/28/98 GJ at 30.

992. Jordan 5/28/98 at 39.

993. Jordan 5/28/98 GJ at 59. Mr. Jordan added that the President's response was one of "appreciation, gratitude." Id.

994. 921-DC-00000770-72 (Clerk's minutes of in-camera hearing).

995. Sheldon 4/34/98 Depo. at 22.

996. Lewinsky 8/6/98 GJ at 214.

997. Lewinsky 8/6/98 GJ at 215.

998. 831-DC-00000010. At some point, Ms. Currie and Ms. Lewinsky decided that they would use a code name -- Kay -- when leaving messages for each other. Currie 7/22/98 GJ at 175; Lewinsky 8/6/98 GJ at 215-17.

999. Bowles 4/2/98 GJ at 78-79. Mr. Bowles placed this conversation with the President at some time between January 4 and January 20. Bowles 4/2/98 GJ at 78. Mr. Podesta recalled that Mr. Bowles passed this request on to him "three or four days before the President's deposition" -- that is, January 13 or January 14, though Mr. Podesta did not know who had originated the request. Podesta 6/16/98 GJ at 21-22.

1000. Bowles 4/2/98 GJ at 78.

1001. Bowles 4/2/98 GJ at 78-79; Podesta 6/16/98 GJ at 24-28; Hilley 2/11/98 Int. at 2; Hilley 5/26/98 GJ at 7-11.

1002. Podesta 6/16/98 GJ at 24; Hilley 2/11/98 Int. at 2.

1003. Hilley 2/11/98 Int. at 2; Hilley 5/26/98 GJ at 10-11; Hilley 5/19/98 GJ at 74-76. In the grand jury, Mr. Hilley testified: "At this time, I don't recall that piece of the conversation [dealing with Ms. Lewinsky's leaving Legislative Affairs under less than favorable circumstances] with John Podesta." Id. at 76.

1004. Lewinsky 8/6/98 GJ at 215. At 2:20 p.m., Ms. Currie paged Ms. Lewinsky again: "Please call me. Kay." 831-DC-00000010. In the grand jury, Ms. Currie stated that she could not remember whether the January 13 page-messages to Ms. Lewinsky involved attempts to notify her of the status of the President's efforts to secure a letter of recommendation for her.⁽¹⁰⁰⁵⁾

1005. Currie GJ 7/22/98 at 147-148. -

1006. 830-DC-00000007.

1007. Clinton 8/17/98 GJ at 111-13.

1008. Lewinsky 8/6/98 GJ at 220-21. Mr. Jordan traveled to Florida in the early afternoon. 1034-DC-00000109 (Mr. Jordan's day-planner). Soon after arriving in Florida, he called Ms. Hernreich's line at the White House. See Telephone Calls, Table 42. Later that evening, he spoke with the President for nearly four minutes. 1064-DC-00000008 (Mr. Jordan's hotel bill). In the grand jury, Mr. Jordan testified that it is "not inconceivable" that they mentioned Ms. Lewinsky. Jordan 5/28/98 GJ at 69.

1009. T30 at 61.

1010. T30 at 114.

1011. T30 at 169-70.

1012. Lewinsky 8/6/98 GJ at 223-25; GJ Ex. ML-5.

1013. Lewinsky 8/6/98 GJ at 223-37. Ms. Tripp, in contrast, testified that she believed Ms. Lewinsky received assistance in drafting the talking points. Tripp 7/29/98 GJ at 167, 171-172.

1014. Currie 5/6/98 GJ at 120-21.

1015. Currie 5/6/98 GJ at 130.

1016. Akin, Gump records reflect that at some time this day Ms. Currie left a message for Mr. Jordan. The message slip listed the name of the caller as "Betty/Potus." The message was: "Kind of important." V005-DC-00000058.

1017. Lewinsky 8/6/98 GJ at 229. Ms. Currie had immediately informed Ms. Lewinsky of Mr. Isikoff's call. 831-DC-00000008 (Ms. Lewinsky's pager records).

1018. Jordan 3/5/98 GJ at 71.

1019. Jordan 3/5/98 GJ at 71.

1020. T22 at 12.

1021. T22 at 12-13.

1022. Ungvari 3/19/98 GJ at 61.

1023. V0002-DC-00000093-116 (President Clinton's Responses to Plaintiff's Second Set of Requests).

1024. 1441-DC-00001534-46 (Second Set of Requests From Plaintiff to Defendant Clinton for Production of Documents). Ms. Lewinsky's name was misspelled on the document request as Ms. Lewisky.

1025. 921-DC-00000775 - 778.

1026. Carter 6/18/98 GJ at 123.

1027. 921-DC-00000775. Although the motion (and affidavit) reached the Judge's chambers on January 17, the file stamp date was January 20, 1998.

1028. Clinton 1/17/98 Depo. at 1 (849-DC-00000352 et seq.).

1029. Clinton 1/17/98 Depo. at 1-2.

1030. Clinton 1/17/98 Depo. at 10.

1031. Clinton 1/17/98 Depo. at 22-23; 849-DC-00000586 (Clinton Depo. Ex. 1).

1032. Clinton 1/17/98 Depo. at 54.

1033. Clinton 1/17/98 Depo. at 54. In addition, as previously indicated, Mr. Jordan believes he informed President Clinton on January 7 that Ms. Lewinsky had signed an affidavit denying that there had been a sexual relationship. Jordan 5/5/98 GJ at 223-25.

1034. Clinton 1/17/98 Depo. at 53-56.

1035. Clinton 1/17/98 Depo. at 50-51, 58-59.

1036. Clinton 1/17/98 Depo. at 52-53, 59.

1037. Clinton 1/17/98 Depo. at 59.

1038. Clinton 1/17/98 Depo. at 62-64.

1039. Clinton 1/17/98 Depo. at 75-77.

1040. Clinton 1/17/98 Depo. at 75-76.

1041. Clinton 1/17/98 Depo. at 75.

1042. Clinton 1/17/98 Depo. at 68.

1043. Clinton 1/17/98 Depo. at 68-71.

1044. Clinton 1/17/98 Depo. at 72, 79-83.

1045. Clinton 1/17/98 Depo. at 78.

1046. Clinton 1/17/98 Depo. at 212-13.

1047. Podesta 6/16/98 GJ at 62.

1048. Lindsey 2/19/98 GJ at 12-13. Mr. Lindsey refused to reveal the content of these conversations with the President, citing the presidential communication, deliberative process, and attorney-client privileges, both officially and privately, as well as the attorney work product doctrine. Id. at 13.

1049. Lindsey 2/19/98 GJ at 14-15.

1050. See Telephone Table 46, Call 4; Currie 1/27/98 GJ at 65-66; Currie 5/7/98 GJ at 79-85; Currie 7/22/98 GJ at 154. See also Currie 1/24/98 Int. at 5-6 ("CURRIE advised that sometime late that evening, she received a telephone call from CLINTON. CURRIE advised that CLINTON said he and CURRIE needed to talk. CURRIE advised it was too late to do anything that evening, so she and CLINTON agreed to meet at the White House at 5 p.m. the following day, Sunday, January 18, 1998."). Presidential call logs reflect that the President attempted to call Ms. Currie at 7:02 p.m. on January 17, 1998, and that he spoke to her for two minutes at 7:13 p.m. 1248-DC-00000307.

1051. Currie 5/7/98 GJ at 91. Also that evening, the President called Mr. Jordan, who testified that they did not discuss the afternoon deposition. See Telephone Table 46, Call 2; Jordan 5/28/98 GJ at 94-95.

1052. Currie 1/27/98 GJ at 70.

1053. Currie 1/27/98 GJ at 67.

1054. Currie 1/27/98 GJ at 76.

1055. Currie 1/27/98 GJ at 70, 76; 7/22/98 GJ at 6, 22. Presidential call logs reflect that the President called Ms. Currie before their meeting and spoke to her from 1:11 p.m. to 1:14 p.m. on January 18. 1248-DC-00000313.

1056. Currie 1/27/98 GJ at 70.

1057. Currie 1/27/98 GJ at 73 ("[M]y impression was that he was just making statements.").

1058. Currie 1/24/98 Int. at 6-7. The President repeated these statements to Ms. Currie a few days later. See infra.

1059. Currie 1/27/98 GJ at 71-74; 7/22/98 GJ at 6-7, 10-11, 79. See also Clinton 8/17/98 GJ at 55-57. According to Ms. Currie, the way the President phrased the inquiries made them sound like both questions and statements at the same time. Currie 1/24/98 Int. at 6.

1060. Currie 1/27/98 GJ at 74-75. ⁽¹⁰⁶¹⁾

1061. Currie 1/27/98 GJ at 69-76; Currie 7/22/98 GJ at 6-16. Ms. Currie did alter a statement that she previously made to the FBI agents shortly after the events in question. Ms. Currie explained that the President's statement to her that, "She wanted to have sex with me, and I can't do that," appeared simply intended as a statement, not a statement he wanted Ms. Currie to agree with. Currie 1/27/98 GJ at 73; Currie 7/22/98 GJ at 23. - ⁽¹⁰⁶²⁾

1062. Currie 1/27/98 GJ at 75-76; Currie 7/22/98 GJ at _____.. -

1063. Currie 1/27/98 GJ at 71, 75.

1064. Currie 7/22/98 GJ at 65-66. Indeed, she testified that, at some point after January 18, she heard that Ms. Lewinsky visited the Oval Office on Saturdays, one of her days off. Currie 7/22/98 GJ at 65-66.

1065. Currie 1/27/98 GJ at 32-33; 36-38.

1066. Currie 7/22/98 GJ at 12, 15-6; Currie 1/27/98 GJ at 76.

1067. Currie 7/22/98 GJ at 14. The President, apparently, had a similar understanding of "alone." Before the grand jury, the President explained that "when I said, we were never alone, right . . . I meant that she [Ms. Currie] was always in the Oval Office complex, in that complex, while Monica was there." Clinton 8/17/98 GJ at 132.

Elsewhere in her testimony, Ms. Currie appeared to have a different understanding of "alone." She testified that, on one occasion, because others observed Ms. Lewinsky in the Oval Office complex, Ms. Currie accompanied Ms. Lewinsky into the Oval Office, where the President was working. Ms. Currie explained that she waited in the dining room while Ms. Lewinsky and the President met in the study so "[t]hey would not be alone." Currie 7/22/98 GJ at 130. See also Clinton 8/17/98 GJ at 56 ("I asked her specifically . . . to remain in the dining room, Betty, while I met with Monica in my study."). Ms. Currie testified that she did not want people who had observed Ms. Lewinsky enter the Oval Office to think that she and the President were "alone." Currie 7/22/98 GJ at 132.

1068. Currie 7/22/98 GJ at 79. Ms. Currie testified: "The way the question was phrased to me at the time, I answered, 'Right.' It seemed to me that was the correct answer for me to give . . . the '[c]ome on to me,' I considered that more of a statement as opposed to a question." Id. at 80.

1069. Currie 1/27/98 GJ at 75.

1070. Currie 1/27/98 GJ at 83.

1071. Currie 1/27/98 GJ at 72-73; 7/22/98 GJ at 7, 10-11. Ms. Currie testified that the President made this statement in a way that did not invite her agreement. Rather, "I would call it a statement, sir." Currie 1/27/98 GJ at 73.

1072. Clinton 8/17/98 GJ at 57.

1073. Clinton 8/17/98 GJ at 132.

1074. Clinton 8/17/98 GJ at 55.

1075. Clinton 8/17/98 GJ at 141.

1076. Clinton 8/17/98 GJ at 55.

1077. Clinton 8/17/98 GJ at 135-36 ("As far as I know, she is unaware of what happened on the, on the occasions when I saw her in 1996 when something improper happened. And she was unaware of the one time that I recall in 1997 when something happened.").

1078. Clinton 8/17/98 GJ at 38.

1079. Clinton 8/17/98 GJ at 57-58, 132.

1080. Clinton 8/17/98 GJ at 133.

1081. Clinton 8/17/98 GJ at 133.

1082. Clinton 8/17/98 GJ at 135.

1083. Clinton 8/17/98 GJ at 139. The President referred to a statement he delivered in the beginning of his grand jury appearance: "[B]ecause of privacy considerations affecting my family, myself, and others, and in an effort to preserve the dignity of the office I hold, this is all I will say about the specifics of these particular matters." Clinton 8/17/98 GJ at 10.

1084. At 5:12 p.m., Ms. Currie paged Ms. Lewinsky, leaving the message: "Please call Kay at home." At 6:22 p.m., Ms. Currie paged Ms. Lewinsky: "Please call Kay at home." At 7:06 p.m., Ms. Currie paged Ms. Lewinsky: "Please call Kay at home." At 8:28 p.m., Ms. Currie paged Ms. Lewinsky: "Call Kay." 831-DC-00000008 (Ms. Lewinsky's pager records) (Ms. Lewinsky's pager recorded calls in Pacific time). See also Currie 5/7/98 GJ at 96-97; 7/22/98 GJ at 156, 158.

1085. Currie 5/7/98 GJ at 99-100.

1086. Telephone Calls, Table 47, Call 11. See also Currie 7/22/98 GJ at 161-62.

1087. See Telephone Calls, Table 48. At 7:02 a.m. she paged Ms. Lewinsky, leaving the message: "Please call Kay at home at 8:00 this morning."⁽¹⁰⁸⁸⁾

1088. cite ⁽¹⁰⁸⁹⁾

1089. Ms. Currie admitted that these calls were not of a social nature. Currie 7/22/98 GJ at 161. - ⁽¹⁰⁹⁰⁾

1090. Currie 5/7/98 GJ at 104; 7/22/98 GJ at 161-62. - -

1091. Currie 7/22/98 GJ at 162-63. This time, Ms. Currie left a more urgent message: "Please call Kay re: family emergency." 831-DC-00000009 (Ms. Lewinsky's pager records). See Telephone Calls, Table 48, Call 7.

1092. Currie 7/22/98 GJ at 157-59; 164-66. ⁽¹⁰⁹³⁾

1093. Currie 7/22/98 GJ at 162.

1094. Jordan 6/9/98 GJ at 17. See also Telephone Calls, Table 48 (831-DC-00000009) (Ms. Lewinsky's pager records).

1095. Jordan 6/9/98 GJ at 38-39.

1096. Carter 6/18/98 GJ at 146.

1097. Jordan 6/9/98 GJ at 54-55.

1098. Schmidt, Baker, and Locy, "Clinton Accused of Urging Aide To Lie," Wash. Post, Jan. 21, 1998, at A1.

1099. Podesta 6/23/98 GJ at 12.

1100. See Telephone Calls, Table 50.

1101. Mr. Bennett was apparently referring to Ms. Lewinsky's affidavit.

1102. Clinton Accused at A1.

1103. Mr. Lindsey, on instructions from the President, see Lindsey 8/28/98 GJ at 23, has invoked the presidential communication privilege, the deliberative process privilege, the governmental attorney-client privilege, and President Clinton's personal attorney-client privilege with regard to conversations with the President and has thus refused to disclose what the President said to him on January 21. Lindsey 2/19/98 GJ at 42. Mr. Lindsey has testified, however, that based on the President's public statements and statements made to others in Lindsey's presence, the President misled him about the nature of his relationship with Ms. Lewinsky. Lindsey 8/28/98 GJ at 93-96, 101.

1104. Currie 5/7/98 GJ at 112-14.

1105. Lindsey 8/28/98 GJ at 90. Mr. Lindsey, citing privileges, refused to testify about the substance of this conversation.

1106. 1034-DC-00000111 (Mr. Jordan's calendar). See also Jordan 3/5/98 GJ at 79 (St. Regis Hotel), 160-61 (New York), 179 (the President's phone call); Jordan 6/9/98 GJ at 76.

1107. See Telephone Calls, Table 50, Call 6. See also Lindsey 8/28/98 GJ at 90. Mr. Lindsey asserted privileges over this conversation as well.

1108. White House Press Conference (Mike McCurry), Jan. 21, 1998.

1109. Lindsey 8/28/98 GJ at 11-12.

1110. Bowles 4/2/98 GJ at 84. See also Podesta 6/16/98 GJ at 85-86.

1111. Ickes 6/10/98 GJ at 73.

1112. Ms. Currie could not recall whether the President called her into the Oval Office to discuss Ms. Lewinsky on Tuesday, January 20, or Wednesday, January 21. Currie 1/27/98 GJ at 80-81.

1113. Currie 1/27/98 GJ at 80-81.

1114. Currie 1/27/98 GJ at 81.

1115. Currie 1/24/98 Int. at 8. The President did not specifically recall this second conversation with Ms. Currie, but did not dispute that it took place: "I do not remember how many times I talked to Betty Currie or when. I don't. I can't possibly remember that. I do remember when I first heard about this story breaking, trying to ascertain what the facts were, trying to ascertain what Betty's perception was." Clinton 8/17/98 GJ at 141-42.

1116. Blumenthal 2/26/98 GJ at 19.

1117. Blumenthal 6/4/98 GJ at 48-49. When later asked how he interpreted the President's statement, "I haven't done anything wrong," Mr. Blumenthal stated, "My understanding was that the accusations against him which appeared in the press that day were false, that he had not done anything wrong. . . . He had not had a sexual relationship with her, and had not sought to obstruct justice or suborn perjury."⁽¹¹¹⁸⁾

1118. Blumenthal 6/26/98 at 26.

1119. Blumenthal 6/4/98 GJ at 49. The President said, "I've gone down that road before, I've caused pain for a lot of people and I'm not going to do that again." Blumenthal 6/4/98 GJ at 49. Mr. Blumenthal "understood [this statement] to mean that he had had an adulterous relationship in the past, which is something he made very plain to the American people in his "60 Minutes" interview with the First Lady, which is how he introduced himself to the public . . . . And it's been very well known." Blumenthal 6/25/98 GJ at 32.

1120. Blumenthal 6/4/98 GJ at 49.

1121. Blumenthal 6/4/98 GJ at 50.

1122. Blumenthal 6/4/98 GJ at 49-50; Blumenthal 6/25/98 GJ at 15, 51.

1123. Podesta 6/16/98 GJ at 92.

1124. Podesta 6/16/98 GJ at 92. The President made another misleading statement about his relationship with Ms. Lewinsky to Mr. Podesta a few weeks later. According to Mr. Podesta, "[h]e said to me that after she [Ms. Lewinsky] left [the White House], that when she had come by, she came by to see Betty, and that he -- when she was there either Betty was with them -- either that she was with Betty when he saw her or that he saw her in the Oval Office with the door open and Betty was around -- and Betty was out at her desk."⁽¹¹²⁵⁾

1125. Podesta 6/16/98 GJ at 88.

1126. Clinton 8/17/98 GJ at 101-09.

1127. Clinton 8/17/98/ GJ at 101, 106. The President was asked specifically whether he denied telling Mr. Podesta that he did not have any kind of sex whatsoever, including oral sex, with Ms. Lewinsky. The President responded: "I'm not saying that anybody who had a contrary memory is wrong. I do not remember." Clinton 8/17/98 GJ at 105.

1128. In claiming that this statement was true, the President was apparently relying on the same tense-based distinction he made during the Jones deposition. See Clinton 8/17/98 GJ at 59-61 ("It depends on what the meaning of the word 'is' is. If the -- if he -- if 'is' means is and never has been, that is not -- that is one thing. If it means there is none, that was a completely true statement. . . . Now, if someone had asked me on that day, are you having any kind of sexual relations with Ms. Lewinsky, that is, asked me a question in the present tense, I would have said no. And it would have been completely true.")

1129. Clinton 8/17/98 GJ at 107.

1130. Clinton 8/17/98 GJ at 107.

1131. Broadcast on "All Things Considered" on National Public Radio, 5:07 p.m., Wednesday, January 21, 1998.

1132. "The News Hour with Jim Lehrer," PBS, interview with President Bill Clinton by Jim Lehrer, Wednesday, January 21, 1998. As evidenced by his grand jury testimony, the President is attentive to matters of verb tense. Clinton 8/17/98 GJ at 59.

1133. Televised Remarks by President Clinton at Photo Opportunity at the White House with Palestinian Authority Chairman Yasser Arafat, January 22, 1998, 10:22 a.m.

1134. Roll Call, Inc., January 22, 1998; transcript of press conference.

1135. "All Things Considered," January 21, 1998.

1136. "The News Hour," January 21, 1998.

1137. Televised Remarks By President Clinton at Photo Opportunity at the White House with Palestinian Authority Chairman Yasser Arafat, January 22, 1998, 10:22 a.m.

1138. Roll Call, Inc., January 22, 1998. President Clinton was extended invitations to appear before the grand jury and give his testimony on: January 28, 1998; February 4, 1998; February 9, 1998; February 21, 1998; March 2, 1998; and March 13, 1998. He declined all of these invitations. On July 16, 1998, the grand jury issued the President a subpoena. The President promptly moved for a postponement of two weeks in which to respond. At a hearing on the President's motion, Chief Judge Norma Holloway Johnson stated, "What we need to do is to move forward and move forward expeditiously. . . . [A]pparently the grand jury has determined that [they] need to hear from the [President]." In re Grand Jury Proceedings, Misc. No. 98-267, July 28, 1998, at pp. 27-28. Before Judge Johnson ruled, the President's attorneys negotiated the terms of the President's appearance.

1139. Morris 8/18/98 GJ at 6, 10, 12. Mr. Morris was questioned after the President's grand jury appearance on August 17, 1998; accordingly, the OIC never had an opportunity to question the President about this conversation.

1140. Morris 8/18/98 GJ at 14.

1141. Mr. Morris testified that he interpreted the "something" to be sexual in nature. Morris 8/18/98 GJ at 94.

1142. Morris 8/18/98 GJ at 14.

1143. Morris 8/18/98 GJ at 15.

1144. Morris 8/18/98 GJ at 15-16.

1145. Morris 8/18/98 GJ at 17.

1146. Morris 8/18/98 GJ at 28.

1147. Morris 8/18/98 GJ at 30.

1148. Morris 8/18/98 GJ at 34. Mr. Morris believed that Ms. Lewinsky's credibility was in question based on a claim by a USA Today reporter that there was an occasion when the President and Mr. Morris spoke on the telephone while they each were involved in a sexual encounter. The President was reportedly "having sex" with Ms. Lewinsky while Mr. Morris was allegedly involved with a prostitute at the Jefferson Hotel. Morris 8/18/98 GJ at 32, 34.

1149. Morris 8/18/98 GJ at 35.

1150. Thomason 8/11/98 GJ at 6.

1151. Although Mr. Thomason originally offered to stay with the President for a "couple of days," he stayed at the White House Residence for 34 days. Thomason 8/11/98 GJ at 6, 10. Mr. Thomason testified that while "not particularly an expert in media matters . . . my wife and I seem to have a feel of what the rest of America is thinking. . . ." Thomason 8/11/98 GJ at 24.

1152. Thomason 8/11/98 GJ at 15-16. Mr. Thomason said he "went on the assumption that [the allegations] were not true," but he never asked the President because he talked to his attorney, Robert Bennett (also the President's personal attorney), who advised him "to make sure you don't ask questions that will get you subpoenaed." Id. at 22, 27. Mr. Thomason also testified he did not ask the President whether the denial was true because "I wanted it to be true and I felt it not to be true." Id. at 32-33.

1153. Thomason 8/11/98 GJ at 15.

1154. Thomason 8/11/98 GJ at 27.

1155. Schmidt and Baker, "Ex-Intern Rejected Immunity Offer in Probe," Wash. Post, Jan. 24, 1998, at A1.

1156. Schmidt and Baker, "Ex-Intern Rejected Immunity Offer," at A1.

1157. Larry King Weekend, Jan. 24, 1998, Transcript No. 98012400V42.

1158. In fact, the President did draw a distinction between "is" and "was." See Clinton 8/17/98 GJ at 59.

1159. Larry King Weekend, Jan. 24, 1998, Transcript No. 98012400V42.

1160. Televised Remarks by President Clinton at the White House Education News Conference, Monday, January 26, 1998, 10:00 a.m. See Chi. Tribune, Jan. 27, 1998, at 1 ("A defiant President Clinton wagged his finger at the cameras and thumped the lectern Monday as he insisted he did not have sex with a young White House intern or ask her to deny it under oath.").