A. Introduction

This Referral presents substantial and credible informationthat President Clinton criminally obstructed the judicialprocess, first in a sexual harassment lawsuit in which he was thedefendant and then in a grand jury investigation. The openingsection of the Narrative provides an overview of the object ofthe President's cover-up, the sexual relationship between thePresident and Ms. Lewinsky. Subsequent sections recount theevolution of the relationship chronologically, including thesexual contacts, the President's efforts to get Ms. Lewinsky ajob, Ms. Lewinsky's subpoena in Jones v. Clinton, the role ofVernon Jordan, the President's discussions with Ms. Lewinskyabout her affidavit and deposition, the President's depositiontestimony in Jones, the President's attempts to coach a potentialwitness in the harassment case, the President's false andmisleading statements to aides and to the American public afterthe Lewinsky story became public, and, finally, the President'stestimony before a federal grand jury.

B. Evidence Establishing Nature of Relationship

1. Physical Evidence

Physical evidence conclusively establishes that thePresident and Ms. Lewinsky had a sexual relationship. Afterreaching an immunity and cooperation agreement with the Office ofthe Independent Counsel on July 28, 1998, Ms. Lewinsky turnedover a navy blue dress that she said she had worn during a sexualencounter with the President on February 28, 1997. According toMs. Lewinsky, she noticed stains on the garment the next time shetook it from her closet. From their location, she surmised thatthe 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 bloodsample.⁽³⁾ After requesting and being given assurances that theOIC had an evidentiary basis for making the request, thePresident agreed.⁽⁴⁾ In the White House Map Room on August 3,1998, the White House Physician drew a vial of blood from thePresident in the presence of an FBI agent and an OIC attorney.⁽⁵⁾ By conducting the two standard DNA comparison tests, the FBILaboratory concluded that the President was the source of the DNAobtained from the dress.⁽⁶⁾ According to the more sensitive RFLPtest, the genetic markers on the semen, which match thePresident's DNA, are characteristic of one out of 7.87 trillionCaucasians.⁽⁷⁾

In addition to the dress, Ms. Lewinsky provided what shesaid were answering machine tapes containing brief messages fromthe President, as well as several gifts that the President hadgiven her.

2. Ms. Lewinsky's Statements

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

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

Moreover, the OIC's immunity and cooperation agreement withMs. Lewinsky includes safeguards crafted to ensure that she tellsthe truth. Court-ordered immunity and written immunityagreements often provide that the witness can be prosecuted onlyfor false statements made during the period of cooperation, andnot for the underlying offense. The OIC's agreement goesfurther, providing that Ms. Lewinsky will lose her immunityaltogether if the government can prove to a federal districtjudge -- by a preponderance of the evidence, not the higherstandard of beyond a reasonable doubt -- that she lied. Moreover, the agreement provides that, in the course of such aprosecution, the United States could introduce into evidence thestatements made by Ms. Lewinsky during her cooperation. SinceMs. Lewinsky acknowledged in her proffer interview and indebriefings that she violated the law, she has a strong incentiveto tell the truth: If she did not, it would be relativelystraightforward 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 peopleabout her relationship with the President. All have beenquestioned by the OIC, most before a federal grand jury: AndrewBleiler, Catherine Allday Davis, Neysa Erbland, Kathleen Estep,Deborah Finerman, Dr. Irene Kassorla, Marcia Lewis, AshleyRaines, Linda Tripp, Natalie Ungvari, and Dale Young.⁽¹²⁾ Ms.Lewinsky told most of these confidants about events in herrelationship with the President as they occurred, sometimes inconsiderable detail.

Some of Ms. Lewinsky's statements about the relationshipwere contemporaneously memorialized. These include deleted emailrecovered from her home computer and her Pentagon computer, emailmessages retained by two of the recipients, tape recordings ofsome of Ms. Lewinsky's conversations with Ms. Tripp, and notestaken by Ms. Tripp during some of their conversations. The Trippnotes, which have been extensively corroborated, referspecifically to places, dates, and times of physical contactsbetween the President and Ms. Lewinsky.⁽¹³⁾

Everyone in whom Ms. Lewinsky confided in detail believedshe was telling the truth about her relationship with thePresident. Ms. Lewinsky told her psychologist, Dr. IreneKassorla, 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. Lewinskyshowed no indications of delusional thinking, according to Dr.Kassorla, and Dr. Kassorla had no doubts whatsoever about thetruth of what Ms. Lewinsky told her.⁽¹⁵⁾ Ms. Lewinsky's friendCatherine Allday Davis testified that she believed Ms. Lewinsky'saccounts of the sexual relationship with the President because "Itrusted in the way she had confided in me on other things in herlife. . . . I just trusted the relationship, so I trustedher."⁽¹⁶⁾ Dale Young, a friend in whom Ms. Lewinsky confidedstarting 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 haveembellished the story. You know, she wouldn't be tellingme, "He told me he'd call me, I waited home all weekend andI didn't do anything and he didn't call and then he didn'tcall 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 draftletters to the President. Among these documents are (i) papersfound in a consensual search of her apartment; (ii) papers thatMs. Lewinsky turned over pursuant to her cooperation agreement,including a calendar with dates circled when she met or talked bytelephone with the President in 1996 and 1997; and (iii) filesrecovered from Ms. Lewinsky's computers at home and at thePentagon.

5. Consistency and Corroboration

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

In July and August 1998, circumstances brought more directand compelling evidence to the investigation. After the courtsrejected a novel privilege claim, Secret Service officers andagents testified about their observations of the President andMs. Lewinsky in the White House. Ms. Lewinsky agreed to submitto a proffer interview (previous negotiations had deadlocked overher refusal to do so), and, after assessing her credibility inthat session, the OIC entered into a cooperation agreement withher. Pursuant to the cooperation agreement, Ms. Lewinsky turnedover the dress that proved to bear traces of the President'ssemen. And the President, who had spurned six invitations totestify, finally agreed to provide his account to the grand jury. In that sworn testimony, he acknowledged "inappropriate intimatecontact" with Ms. Lewinsky.

Because of the fashion in which the investigation hadunfolded, in sum, a massive quantity of evidence was available totest and verify Ms. Lewinsky's statements during her profferinterview and her later cooperation. Consequently, Ms.Lewinsky's statements have been corroborated to a remarkabledegree. Her detailed statements to the grand jury and the OIC in1998 are consistent with statements to her confidants dating backto 1995, documents that she created, and physical evidence.⁽¹⁸⁾ Moreover, her accounts generally match the testimony of WhiteHouse staff members; the testimony of Secret Service agents andofficers; and White House records showing Ms. Lewinsky's entriesand exits, the President's whereabouts, and the President'stelephone calls.

C. Sexual Contacts

1. The President's Accounts

a. Jones Testimony

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

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

b. Grand Jury Testimony

Testifying before the grand jury on August 17, 1998, sevenmonths after his Jones deposition, the President acknowledged"inappropriate intimate contact" with Ms. Lewinsky but maintainedthat his January deposition testimony was accurate.⁽²³⁾ In hisaccount, "what began as a friendship [with Ms. Lewinsky] came toinclude this conduct."⁽²⁴⁾ He said he remembered "meeting her, orhaving my first real conversation with her during the governmentshutdown in November of '95." According to the President, theinappropriate contact occurred later (after Ms. Lewinsky'sinternship had ended), "in early 1996 and once in early 1997."⁽²⁵⁾

The President refused to answer questions about the precisenature of his intimate contacts with Ms. Lewinsky, but he didexplain his earlier denials.⁽²⁶⁾ As to his denial in the Jonesdeposition that he and Ms. Lewinsky had had a "sexualrelationship," the President maintained that there can be nosexual relationship without sexual intercourse, regardless ofwhat other sexual activities may transpire. He stated that "mostordinary Americans" would embrace this distinction.⁽²⁷⁾

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

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

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

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

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

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

2. Ms. Lewinsky's Account

In his grand jury testimony, the President relied heavily ona particular interpretation of "sexual relations" as defined inthe Jones deposition. Beyond insisting that his conduct did notfall within the Jones definition, he refused to answer questionsabout the nature of his physical contact with Ms. Lewinsky, thusplacing the grand jury in the position of having to accept hisconclusion without being able to explore the underlying facts. This strategy -- evidently an effort to account for possibletraces of the President's semen on Ms. Lewinsky's clothingwithout undermining his position that he did not lie in the Jonesdeposition -- mandates that this Referral set forth evidence ofan explicit nature that otherwise would be omitted.

In light of the President's testimony, Ms. Lewinsky'saccounts of their sexual encounters are indispensable for tworeasons. First, the detail and consistency of these accountstend to bolster Ms. Lewinsky's credibility. Second, andparticularly important, Ms. Lewinsky contradicts the President ona key issue. According to Ms. Lewinsky, the President touchedher breasts and genitalia -- which means that his conduct met theJones definition of sexual relations even under his theory. Onthese matters, the evidence of the President's perjury cannot bepresented without specific, explicit, and possibly offensivedescriptions of sexual encounters.

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

Ms. Lewinsky testified that her physical relationship withthe President included oral sex but not sexual intercourse.⁽³⁸⁾ According to Ms. Lewinsky, she performed oral sex on thePresident; he never performed oral sex on her.⁽³⁹⁾ Initially,according to Ms. Lewinsky, the President would not let herperform oral sex to completion. In Ms. Lewinsky's understanding,his refusal was related to "trust and not knowing me wellenough."⁽⁴⁰⁾ During their last two sexual encounters, both in1997, he did ejaculate.⁽⁴¹⁾

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

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

D. Emotional Attachment

As the relationship developed over time, Ms. Lewinsky grewemotionally attached to President Clinton. She testified: "Inever expected to fall in love with the President. I wassurprised that I did."⁽⁴⁴⁾ Ms. Lewinsky told him of her feelings.⁽⁴⁵⁾ At times, she believed that he loved her too.⁽⁴⁶⁾ They werephysically affectionate: "A lot of hugging, holding handssometimes. 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 enjoyedtalking to her -- she recalled his saying that the two of themwere "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 underpinningsof the relationship as it evolved. According to her mother,Marcia Lewis, the President once told Ms. Lewinsky that she "hadbeen hurt a lot or something by different men and that he wouldbe her friend or he would help her, not hurt her."⁽⁵²⁾ Accordingto Ms. Lewinsky's friend Neysa Erbland, President Clinton onceconfided in Ms. Lewinsky that he was uncertain whether he wouldremain married after he left the White House. He said inessence, "[W]ho knows what will happen four years from now when Iam 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 "enjoyedtalking to each other and being with each other." In herrecollection, "We would tell jokes. We would talk about ourchildhoods. Talk about current events. I was always giving himmy stupid ideas about what I thought should be done in theadministration or different views on things."⁽⁵⁴⁾ One of Ms.Lewinsky's friends testified that, in her understanding, "[ThePresident] would talk about his childhood and growing up, and[Ms. Lewinsky] would relay stories about her childhood andgrowing up. I guess normal conversations that you would havewith someone that you're getting to know."⁽⁵⁵⁾

The longer conversations often occurred after their sexualcontact. Ms. Lewinsky testified: "[W]hen I was working there[at the White House] . . . we'd start in the back [in or near theprivate study] and we'd talk and that was where we werephysically intimate, and we'd usually end up, kind of the pillowtalk 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 50times, 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 nottelephone him directly, though she sometimes reached him throughMs. Currie.⁽⁵⁹⁾ Ms. Lewinsky testified: "[W]e spent hours on thephone talking."⁽⁶⁰⁾ Their telephone conversations were "[s]imilarto what we discussed in person, just how we were doing. A lot ofdiscussions about my job, when I was trying to come back to theWhite House and then once I decided to move to New York. . . . We talked about everything under the sun."⁽⁶¹⁾ On 10 to 15occasions, she and the President had phone sex.⁽⁶²⁾ After phonesex late one night, the President fell asleep mid-conversation.⁽⁶³⁾

On four occasions, the President left very brief messages onMs. Lewinsky's answering machine, though he told her that he didnot like doing so because (in her recollection) he "felt it was alittle unsafe."⁽⁶⁴⁾ She saved his messages and played the tapesfor several confidants, who said they believed that the voice wasthe President's.⁽⁶⁵⁾

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

Testifying before the grand jury, the President confirmedthat he and Ms. Lewinsky had had personal conversations, and heacknowledged that their telephone conversations sometimesincluded "inappropriate sexual banter."⁽⁶⁹⁾ The President saidthat Ms. Lewinsky told him about "her personal life," "herupbringing," and "her job ambitions."⁽⁷⁰⁾ After terminating theirintimate relationship in 1997, he said, he tried "to be a friendto Ms. Lewinsky, to be a counselor to her, to give her goodadvice, and to help her."⁽⁷¹⁾

F. Gifts

Ms. Lewinsky and the President exchanged numerous gifts. Byher estimate, she gave him about 30 items, and he gave her about18.⁽⁷²⁾ Ms. Lewinsky's first gift to him was a matted poem givenby her and other White House interns to commemorate "NationalBoss Day," October 24, 1995.⁽⁷³⁾ This was the only item reflectedin White House records that Ms. Lewinsky gave the Presidentbefore (in her account) the sexual relationship began, and theonly item that he sent to the archives instead of keeping.⁽⁷⁴⁾ OnNovember 20 -- five days after the intimate relationship began,according to Ms. Lewinsky -- she gave him a necktie, which hechose to keep rather than send to the archives.⁽⁷⁵⁾ According toMs. Lewinsky, the President telephoned the night she gave him thetie, then sent her a photo of himself wearing it.⁽⁷⁶⁾ The tie waslogged pursuant to White House procedures for gifts to thePresident.⁽⁷⁷⁾

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

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

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

G. Messages

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

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

H. Secrecy

1. Mutual Understanding

Both Ms. Lewinsky and the President testified that they tooksteps to maintain the secrecy of the relationship. According toMs. Lewinsky, the President from the outset stressed theimportance of keeping the relationship secret. In herhandwritten statement to this Office, Ms. Lewinsky wrote that"the President told Ms. L to deny a relationship, if ever askedabout it. He also said something to the effect of if the twopeople who are involved say it didn't happen -- it didn'thappen."⁽⁸⁹⁾ According to Ms. Lewinsky, the President sometimesasked if she had told anyone about their sexual relationship orabout the gifts they had exchanged; she (falsely) assured himthat she had not.⁽⁹⁰⁾ She told him that "I would always deny it, Iwould always protect him," and he responded approvingly.⁽⁹¹⁾ Thetwo of them had, in her words, "a mutual understanding" that theywould "keep this private, so that meant deny it and . . . takewhatever appropriate steps needed to be taken."⁽⁹²⁾ When she andthe President both were subpoenaed to testify in the Jones case,Ms. Lewinsky anticipated that "as we had on every other occasionand every other instance of this relationship, we would denyit."⁽⁹³⁾

In his grand jury testimony, the President confirmed hisefforts to keep their liaisons secret.⁽⁹⁴⁾ He said he did not wantthe facts of their relationship to be disclosed "in any context,"and added: "I certainly didn't want this to come out, if I couldhelp it. And I was concerned about that. I was embarrassedabout it. I knew it was wrong."⁽⁹⁵⁾ Asked if he wanted to avoidhaving the facts come out through Ms. Lewinsky's testimony inJones, he said: "Well, I did not want her to have to testify andgo 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⁾ Whenvisiting the President while she worked at the White House, shegenerally planned to tell anyone who asked (including SecretService officers and agents) that she was delivering papers tothe President.⁽⁹⁸⁾ Ms. Lewinsky explained that this artifice mayhave originated when "I got there kind of saying, 'Oh, gee, hereare your letters,' wink, wink, wink, and him saying, 'Okay,that's good.'"⁽⁹⁹⁾ To back up her stories, she generally carried afolder 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 inthe hallway; he then would invite her to accompany him to theOval Office.⁽¹⁰²⁾ Later, after she left the White House and startedworking at the Pentagon, Ms. Lewinsky relied on Ms. Currie toarrange times when she could see the President. The cover storyfor 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 coverstories.⁽¹⁰⁴⁾ And, when she assured him that she planned to lieabout the relationship, he responded approvingly. On thefrequent occasions when Ms. Lewinsky promised that she would"always deny" the relationship and "always protect him," forexample, the President responded, in her recollection, "'That'sgood,' or -- something affirmative. . . . [N]ot -- 'Don't denyit.'"⁽¹⁰⁵⁾

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

In his grand jury testimony, the President acknowledged thathe and Ms. Lewinsky "might have talked about what to do in anonlegal context" to hide their relationship, and that he "mightwell have said" that Ms. Lewinsky should tell people that she wasbringing letters to him or coming to visit Ms. Currie.⁽¹⁰⁸⁾ But healso 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 November1995 government shutdown, according to Ms. Lewinsky, herencounters with the President generally occurred on weekends,when fewer people were in the West Wing.⁽¹¹⁰⁾ Ms. Lewinskytestified:

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

From some of the President's comments, Ms. Lewinsky gathered thatshe should try to avoid being seen by several White Houseemployees, including Nancy Hernreich, Deputy Assistant to thePresident and Director of Oval Office Operations, and StephenGoodin, the President's personal aide.⁽¹¹²⁾

Out of concern about being seen, the sexual encounters mostoften occurred in the windowless hallway outside the study.⁽¹¹³⁾ According to Ms. Lewinsky, the President was concerned that thetwo of them might be spotted through a White House window. Whenthey were in the study together in the evenings, he sometimesturned out the light.⁽¹¹⁴⁾ Once, when she spotted a gardeneroutside the study window, they left the room.⁽¹¹⁵⁾ Ms. Lewinskytestified that, on December 28, 1997, "when I was getting myChristmas kiss" in the doorway to the study, the President was"looking out the window with his eyes wide open while he waskissing me and then I got mad because it wasn't very romantic." He responded, "Well, I was just looking to see to make sure noone was out there."⁽¹¹⁶⁾

Fear of discovery constrained their sexual encounters inseveral respects, according to Ms. Lewinsky. The Presidentordinarily kept the door between the private hallway and the OvalOffice several inches ajar during their encounters, both so thathe could hear if anyone approached and so that anyone who didapproach would be less likely to suspect impropriety.⁽¹¹⁷⁾ Duringtheir sexual encounters, Ms. Lewinsky testified, "[W]e were bothaware of the volume and sometimes . . . I bit my hand -- so thatI wouldn't make any noise."⁽¹¹⁸⁾ On one occasion, according to Ms.Lewinsky, the President put his hand over her mouth during asexual encounter to keep her quiet.⁽¹¹⁹⁾ Concerned that they mightbe interrupted abruptly, according to Ms. Lewinsky, the two ofthem never fully undressed.⁽¹²⁰⁾

While noting that "the door to the hallway was alwayssomewhat open," the President testified that he did try to keepthe intimate relationship secret: "I did what people do whenthey do the wrong thing. I tried to do it where nobody else waslooking at it."⁽¹²¹⁾

4. Ms. Lewinsky's Notes and Letters

The President expressed concern about documents that mighthint 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 ornotes that I wrote things that he deemed too personal to puton paper just in case something ever happened, if it gotlost getting there or someone else opened it. So there wereseveral times when he remarked to me, you know, youshouldn't put that on paper.⁽¹²²⁾

She said that the President made this point to her in their lastconversation, on January 5, 1998, in reference to what shecharacterized as "[a]n embarrassing mushy note" she had senthim.⁽¹²³⁾ In addition, according to Ms. Lewinsky, the Presidentexpressed concerns about official records that could establishaspects of their relationship. She said that on two occasionsshe asked the President if she could go upstairs to the Residencewith him. No, he said, because a record is kept of everyone whoaccompanies him there.⁽¹²⁴⁾

The President testified before the grand jury: "I remembertelling her she should be careful what she wrote, because a lotof it was clearly inappropriate and would be embarrassing ifsomebody else read it."⁽¹²⁵⁾

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

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

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

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

Monica Lewinsky began her White House employment as anintern in the Chief of Staff's office in July 1995. At WhiteHouse functions in the following months, she made eye contactwith the President. During the November 1995 governmentshutdown, the President invited her to his private study, wherethey kissed. Later that evening, they had a more intimate sexualencounter. They had another sexual encounter two days later, anda 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 anintern and then as an employee, from July 1995 to April 1996. With the assistance of family friend Walter Kaye, a prominentcontributor to political causes, she obtained an internshipstarting in early July, when she was 21 years old.⁽¹³²⁾ She wasassigned to work on correspondence in the office of Chief ofStaff Leon Panetta in the Old Executive Office Building.⁽¹³³⁾

As her internship was winding down, Ms. Lewinsky applied fora paying job on the White House staff. She interviewed withTimothy Keating, Special Assistant to the President and StaffDirector for Legislative Affairs.⁽¹³⁴⁾ Ms. Lewinsky accepted aposition dealing with correspondence in the Office of LegislativeAffairs on November 13, 1995, but did not start the job (and,thus, continued her internship) until November 26.⁽¹³⁵⁾ Sheremained a White House employee until April 1996, when -- in herview, because of her intimate relationship with the President --she was dismissed from the White House and transferred to thePentagon.⁽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 introducedherself.⁽¹³⁸⁾ When she ran into the President in the West Wingbasement and introduced herself again, according to Ms. Lewinsky,he responded that he already knew who she was.⁽¹³⁹⁾ Ms. Lewinskytold her aunt that the President "seemed attracted to her orinterested in her or something," and told a visiting friend that"she was attracted to [President Clinton], she had a big crush onhim, and I think she told me she at some point had gotten hisattention, that there was some mutual eye contact andrecognition, mutual acknowledgment."⁽¹⁴⁰⁾

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

During the shutdown, Ms. Lewinsky worked in Chief of StaffPanetta's West Wing office, where she answered phones and ranerrands.⁽¹⁴³⁾ The President came to Mr. Panetta's office frequentlybecause of the shutdown, and he sometimes talked with Ms.Lewinsky.⁽¹⁴⁴⁾ She characterized these encounters as "continuedflirtation."⁽¹⁴⁵⁾ According to Ms. Lewinsky, a Senior Adviser tothe Chief of Staff, Barry Toiv, remarked to her that she wasgetting 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 beginningof her sexual relationship with the President.⁽¹⁴⁷⁾ On that date,she entered the White House at 1:30 p.m., left sometimethereafter (White House records do not show the time), reenteredat 5:07 p.m., and departed at 12:18 a.m. on November 16.⁽¹⁴⁸⁾ ThePresident was in the Oval Office or the Chief of Staff's office(where Ms. Lewinsky worked during the furlough) for almost theidentical period that Ms. Lewinsky was in the White House thatevening, from 5:01 p.m. on November 15 to 12:35 a.m. on November16.⁽¹⁴⁹⁾

According to Ms. Lewinsky, she and the President made eyecontact when he came to the West Wing to see Mr. Panetta andDeputy Chief of Staff Harold Ickes, then again later at aninformal birthday party for Jennifer Palmieri, Special Assistantto the Chief of Staff.⁽¹⁵⁰⁾ At one point, Ms. Lewinsky and thePresident talked alone in the Chief of Staff's office. In thecourse of flirting with him, she raised her jacket in the backand showed him the straps of her thong underwear, which extendedabove her pants.⁽¹⁵¹⁾

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

At about 10 p.m., in Ms. Lewinsky's recollection, she wasalone in the Chief of Staff's office and the Presidentapproached.⁽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 privatestudy.⁽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 helifted her bra up; and he touched her breasts with his hands andmouth.⁽¹⁶¹⁾ Ms. Lewinsky testified: "I believe he took a phonecall . . . and so we moved from the hallway into the back office. . . . [H]e put his hand down my pants and stimulated memanually in the genital area."⁽¹⁶²⁾ While the President continuedtalking on the phone (Ms. Lewinsky understood that the caller wasa Member of Congress or a Senator), she performed oral sex onhim.⁽¹⁶³⁾ He finished his call, and, a moment later, told Ms.Lewinsky to stop. In her recollection: "I told him that Iwanted . . . to complete that. And he said . . . that he neededto wait until he trusted me more. And then I think he made ajoke . . . that he hadn't had that in a long time."⁽¹⁶⁴⁾

Both before and after their sexual contact during thatencounter, Ms. Lewinsky and the President talked.⁽¹⁶⁵⁾ At one pointduring the conversation, the President tugged on the pink internpass hanging from her neck and said that it might be a problem. Ms. Lewinsky thought that he was talking about access -- internswere 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'saccount. She testified that her November 15 encounters with thePresident occurred at about 8 p.m. and 10 p.m., and that in eachcase the two of them went from the Chief of Staff's office to theOval Office area.⁽¹⁶⁷⁾ Records show that the President visited theChief of Staff's office for one minute at 8:12 p.m. and for twominutes at 9:23 p.m., in each case returning to the OvalOffice.⁽¹⁶⁸⁾ She recalled that the President took a telephone callduring their sexual encounter, and she believed that the callerwas a Member of Congress or a Senator.⁽¹⁶⁹⁾ White House recordsshow that after returning to the Oval Office from the Chief ofStaff'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. JohnTanner 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 asecond sexual encounter two days later (still during thegovernment furlough), on Friday, November 17. She was at theWhite House until 8:56 p.m., then returned from 9:38 to 10:39p.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'soffice (where Ms. Lewinsky worked during the furlough) for oneminute, then returned to the Oval Office for 30 minutes. Fromthere, he went back to the Chief of Staff's office until 10:34p.m. (approximately when Ms. Lewinsky left the White House), thenwent by the Oval Office and the Ground Floor before retiring tothe Residence at 10:40 p.m.⁽¹⁷²⁾

Ms. Lewinsky testified:

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

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

Ms. Lewinsky and the President went into the area of the privatestudy, according to Ms. Lewinsky. There, either in the hallwayor the bathroom, she and the President kissed. After a fewminutes, in Ms. Lewinsky's recollection, she told him that sheneeded to get back to her desk. The President suggested that shebring him some slices of pizza.⁽¹⁷⁴⁾

A few minutes later, she returned to the Oval Office areawith pizza and told Ms. Currie that the President had requestedit. Ms. Lewinsky testified: "[Ms. Currie] opened the door andsaid, 'Sir, the girl's here with the pizza.' He told me to comein. Ms. Currie went back into her office and then we went intothe back study area again."⁽¹⁷⁵⁾ Several witnesses confirm thatwhen 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 asexual encounter during this visit.⁽¹⁷⁷⁾ They kissed, and thePresident touched Ms. Lewinsky's bare breasts with his hands andmouth.⁽¹⁷⁸⁾ At some point, Ms. Currie approached the door leadingto the hallway, which was ajar, and said that the President had atelephone call.⁽¹⁷⁹⁾ Ms. Lewinsky recalled that the caller was aMember of Congress with a nickname.⁽¹⁸⁰⁾ While the President was onthe telephone, according to Ms. Lewinsky, "he unzipped his pantsand exposed himself," and she performed oral sex.⁽¹⁸¹⁾ Again, hestopped her before he ejaculated.⁽¹⁸²⁾

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

Records corroborate Ms. Lewinsky's recollection that thePresident took a call from a Member of Congress with a nickname. While Ms. Lewinsky was at the White House that evening (9:38 to10:39 p.m.), the President had one telephone conversation with aMember 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, PresidentClinton -- who said he was unable to recall most of hisencounters with Ms. Lewinsky -- did remember her "back there witha pizza" during the government shutdown. He said, however, thathe did not believe that the two of them were alone.⁽¹⁸⁵⁾ Testifyingbefore the grand jury on August 17, 1998, the President said thathis first "real conversation" with Ms. Lewinsky occurred duringthe November 1995 furlough. He testified: "One night shebrought me some pizza. We had some remarks."⁽¹⁸⁶⁾

E. December 31 Sexual Encounter

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

-- was at the White House on Sunday, December 31, 1995, until1:16 p.m.; her time of arrival is not shown.⁽¹⁸⁷⁾ The President wasin the Oval Office area from 12:11 p.m. until about the time thatMs. Lewinsky left, 1:15 p.m., when he went to the Residence.⁽¹⁸⁸⁾

Sometime between noon and 1 p.m., in Ms. Lewinsky'srecollection, she was in the pantry area of the President'sprivate dining room talking with a White House steward, BayaniNelvis. She told Mr. Nelvis that she had recently smoked herfirst cigar, and he offered to give her one of the President'scigars. Just then, the President came down the hallway from theOval 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 herone.⁽¹⁹⁰⁾ She told him her name -- she had the impression that hehad forgotten it in the six weeks since their furlough encountersbecause, 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 hadtried to find her in the phonebook.⁽¹⁹²⁾

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

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

F. President's Account of 1995 Relationship

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

President Clinton and Ms. Lewinsky had additional sexualencounters near the Oval Office in 1996. After their sixthsexual encounter, the President and Ms. Lewinsky had their firstlengthy conversation. On President's Day, February 19, thePresident terminated their sexual relationship, then revived iton March 31.

A. January 7 Sexual Encounter

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

According to Ms. Lewinsky, the President telephoned herearly that afternoon. It was the first time he had called her athome.⁽²⁰⁴⁾ In her recollection: "I asked him what he was doing andhe 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 begreat."⁽²⁰⁵⁾ Ms. Lewinsky went to her office, and the Presidentcalled to arrange their rendezvous:

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

Ms. Lewinsky testified that during this bathroom encounter, sheand the President kissed, and he touched her bare breasts withhis hands and his mouth.⁽²⁰⁷⁾ The President "was talking aboutperforming oral sex on me," according to Ms. Lewinsky.⁽²⁰⁸⁾ But shestopped 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 Officeand talked. According to Ms. Lewinsky: "[H]e was chewing on acigar. And then he had the cigar in his hand and he was kind oflooking at the cigar in . . . sort of a naughty way. And so. . . I looked at the cigar and I looked at him and I said, wecan do that, too, some time."⁽²¹¹⁾

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

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

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

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

A short time later, Ms. Lewinsky approached, greeted OfficerFox, and said, "I have some papers for the President." OfficerFox admitted her to the Oval Office. The President said: "Youcan 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, sheand the President had another sexual encounter. Her time ofWhite House entry is not reflected in records. She left at 3:56p.m.⁽²¹⁹⁾ The President moved from the Residence to the Oval Officeat 3:33 p.m. and remained there until 7:40 p.m.⁽²²⁰⁾

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

We had . . . had phone sex for the first time the weekprior, and I was feeling a little bit insecure about whetherhe had liked it or didn't like it . . . . I didn't know ifthis was sort of developing into some kind of a longer-termrelationship than what I thought it initially might havebeen, that maybe he had some regular girlfriend who wasfurloughed . . . .⁽²²²⁾

According to Ms. Lewinsky, she questioned the President about hisinterest in her. "I asked him why he doesn't ask me anyquestions about myself, and . . . is this just about sex . . . ordo you have some interest in trying to get to know me as aperson?"⁽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 ofcherishing their time together "when I felt like he didn't reallyeven know me yet."⁽²²⁵⁾

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

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

A short time later, the President got word that his nextappointment, 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 andthe President had their sixth sexual encounter and their firstlengthy and personal conversation. The President was in the OvalOffice from 3:36 to 7:05 p.m.⁽²³²⁾ He had no telephone calls in theOval 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 ather desk and they planned their rendezvous. At her suggestion,they bumped into each other in the hallway, "because when ithappened accidentally, that seemed to work really well," thenwalked together to the area of the private study.⁽²³⁴⁾

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

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

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

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

According to Ms. Lewinsky, the President terminated theirrelationship (only temporarily, as it happened), on Monday,February 19, 1996 -- President's Day. The President was in theOval Office from 11 a.m. to 2:01 p.m. that day.⁽²⁴²⁾ He had notelephone calls between 12:19 and 12:42 p.m.⁽²⁴³⁾ Records do notreflect Ms. Lewinsky's presence at the White House.

In Ms. Lewinsky's recollection, the President telephoned herat 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 Officesometime between noon and 2 p.m. (the only time she ever went tothe Oval Office uninvited).⁽²⁴⁵⁾ Ms. Lewinsky recalled that she wasadmitted by a tall, slender, Hispanic plainclothes agent on dutynear the door.⁽²⁴⁶⁾

The President told her that he no longer felt right abouttheir intimate relationship, and he had to put a stop to it.⁽²⁴⁷⁾ Ms. Lewinsky was welcome to continue coming to visit him, butonly as a friend. He hugged her but would not kiss her.⁽²⁴⁸⁾ Atone point during their conversation, the President had a callfrom a sugar grower in Florida whose name, according to Ms.Lewinsky, was something like "Fanuli." In Ms. Lewinsky'srecollection, the President may have taken or returned the calljust 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 workedat the White House (most likely in the early spring of 1996), Ms.Lewinsky appeared in the area of the Oval Office carrying afolder and said, "I have these papers for the President."⁽²⁵⁰⁾ After knocking, Agent Garabito opened the Oval Office door, toldthe President he had a visitor, ushered Ms. Lewinsky in, andclosed the door behind her.⁽²⁵¹⁾ When Agent Garabito's shift endeda few minutes later, Ms. Lewinsky was still in the Oval Office.⁽²⁵²⁾

Second, concerning Ms. Lewinsky's recollection of a callfrom a sugar grower named "Fanuli," the President talked withAlfonso 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 ahallway one night in late February or March, the Presidenttelephoned her at home and said he was disappointed that, becauseshe had already left the White House for the evening, they couldnot get together. Ms. Lewinsky testified that the call "sort ofimplied to me that he was interested in starting up again."⁽²⁵⁷⁾ OnMarch 10, 1996, Ms. Lewinsky took a visiting friend, NatalieUngvari, to the White House. They bumped into the President, whosaid to Ms. Ungvari when Ms. Lewinsky introduced them: "You mustbe her friend from California."⁽²⁵⁸⁾ Ms. Ungvari was "shocked" thatthe President knew where she was from.⁽²⁵⁹⁾

Ms. Lewinsky testified that on Friday, March 29, 1996, shewas walking down a hallway when she passed the President, who waswearing the first necktie she had given him. She asked where hehad gotten the tie, and he replied: "Some girl with style gaveit to me."⁽²⁶⁰⁾ Later, he telephoned her at her desk and asked ifshe would like to see a movie. His plan was that she wouldposition herself in the hallway by the White House Theater at acertain time, and he would invite her to join him and a group ofguests as they entered. Ms. Lewinsky responded that she did notwant people to think she was lurking around the West Winguninvited.⁽²⁶¹⁾ She asked if they could arrange a rendezvous overthe weekend instead, and he said he would try.⁽²⁶²⁾ Records confirmthat the President spent the evening of March 29 in the WhiteHouse Theater.⁽²⁶³⁾ Mrs. Clinton was in Athens, Greece.⁽²⁶⁴⁾

F. March 31 Sexual Encounter

On Sunday, March 31, 1996, according to Ms. Lewinsky, sheand the President resumed their sexual contact.⁽²⁶⁵⁾ Ms. Lewinskywas at the White House from 10:21 a.m. to 4:27 p.m. on thatday.⁽²⁶⁶⁾ The President was in the Oval Office from 3:00 to 5:46p.m.⁽²⁶⁷⁾ His only call while in the Oval Office was from 3:06 to3:07 p.m.⁽²⁶⁸⁾ Mrs. Clinton was in Ireland.⁽²⁶⁹⁾

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

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

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

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

Ms. Lewinsky's visits to the Oval Office area had not goneunnoticed. Officer Fox testified that "it was pretty commonlyknown 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; sheseemed startled and possibly embarrassed to be spotted.⁽²⁷⁷⁾ Officer John Muskett testified that "if the President was knownto be coming into the Diplomatic Reception Room, a lot of times[Ms. Lewinsky] just happened to be walking down the corridor, youknow, maybe just to see the President."⁽²⁷⁸⁾ Ms. Lewinskyacknowledged that she tried to position herself to see thePresident.⁽²⁷⁹⁾

Although they could not date them precisely, Secret Serviceofficers 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 PresidentialProtective Detail, testified that in late 1995 or early 1996, hestopped Ms. Lewinsky outside the Oval Office because she did nothave her pass.⁽²⁸⁰⁾ The President opened the Oval Office door,indicated to Agent Bordley that Ms. Lewinsky's presence was allright, and ushered Ms. Lewinsky into the Oval Office.⁽²⁸¹⁾ AgentBordley 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, thePresident told him that he was expecting "some staffers."⁽²⁸³⁾ Ashort time later, Ms. Lewinsky arrived and said that "[t]hePresident needs me."⁽²⁸⁴⁾ Agent Ferguson announced Ms. Lewinsky andadmitted her to the Oval Office.⁽²⁸⁵⁾ About 10 or 15 minutes later,Agent Ferguson rotated to a post on the Colonnade outside theOval Office.⁽²⁸⁶⁾ He glanced through the window into the OvalOffice and saw the President and Ms. Lewinsky go through the doorleading toward the private study.⁽²⁸⁷⁾

Deeming her frequent visits to the Oval Office area a"nuisance," one Secret Service Officer complained to EvelynLieberman, 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 inthe West Wing and told her that interns are not permitted aroundthe Oval Office. Ms. Lewinsky (who had begun her Office ofLegislative Affairs job) told Ms. Lieberman that she was not anintern anymore. After expressing surprise that Ms. Lewinsky hadbeen hired, Ms. Lieberman said she must have Ms. Lewinskyconfused with someone else.⁽²⁸⁹⁾ Ms. Lieberman confirmed that shereprimanded Ms. Lewinsky, whom she considered "what we used tocall a 'clutch' . . . always someplace she shouldn't be."⁽²⁹⁰⁾

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

[P]eople were wary of his weaknesses, maybe, and . . . theydidn't want to look at him and think that he could beresponsible 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 sopersistent in her efforts to be near the President, "I decided toget rid of her."⁽²⁹³⁾ First she consulted Chief of Staff Panetta. According to Mr. Panetta, Ms. Lieberman told him about a woman onthe staff who was "spending too much time around the West Wing." Because of "the appearance that it was creating," Ms. Liebermanproposed to move her out of the White House. Mr. Panetta -- whotestified that he valued Ms. Lieberman's role as "a toughdisciplinarian" and "trusted her judgment" -- replied, "Fine."⁽²⁹⁴⁾ Although Ms. Lieberman said she could not recall havingheard any rumors linking the President and Ms. Lewinsky, sheacknowledged that "the President was vulnerable to these kind ofrumors . . . yes, yes, that was one of the reasons" for movingMs. Lewinsky out of the White House.⁽²⁹⁵⁾ Later, in September 1997,Marcia Lewis (Ms. Lewinsky's mother) complained about herdaughter's dismissal to Ms. Lieberman, whom she met at a Voice ofAmerica ceremony. Ms. Lieberman, according to Ms. Lewis,responded by "saying something about Monica being cursed becauseshe's beautiful." Ms. Lewis gathered from the remark that Ms.Lieberman, as part of her effort to protect the President, "wouldwant 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 OvalOffice and the West Wing.⁽²⁹⁷⁾ In a memo in October 1996, JohnHilley, Assistant to the President and Director of LegislativeAffairs, reported that Ms. Lewinsky had been "got[ten] rid of" inpart "because of 'extracurricular activities'" (a phrase, hemaintained in the grand jury, that meant only that Ms. Lewinskywas often absent from her work station).⁽²⁹⁸⁾

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

C. Ms. Lewinsky's Notification of Her Transfer

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

Ms. Lewinsky was devastated. She felt that she was beingtransferred simply because of her relationship with thePresident.⁽³⁰⁸⁾ And she feared that with the loss of her WhiteHouse job, "I was never going to see the President again. Imean, 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 thePresident 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 to7:48 p.m.⁽³¹¹⁾

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

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

At the White House, according to Ms. Lewinsky, she told SecretService Officer Muskett that she needed to deliver papers to thePresident.⁽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 troubledabout her upcoming departure from the White House:

He told me that he thought that my being transferred hadsomething 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, "Ipromise you if I win in November I'll bring you back likethat."⁽³¹⁵⁾

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

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

What I told Ms. Lewinsky was that . . . I would do what Icould to see, if she had a good record at the Pentagon, andshe assured me she was doing a good job and working hard,that I would do my best to see that the fact that she hadbeen sent away from the Legislative Affairs section did notkeep 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 Iwould order someone to hire her, and I never did, and Iwouldn't do that. It wouldn't be right.⁽³¹⁸⁾

Ms. Lewinsky, when asked if the President had said that he wouldbring her back to the White House only if she did a good job atthe 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 breastswith his mouth and hands.⁽³²¹⁾ According to Ms. Lewinsky: "I thinkhe unzipped [his pants] . . . because it was sort of this runningjoke that I could never unbutton his pants, that I just hadtrouble with it."⁽³²²⁾ Ms. Lewinsky performed oral sex. ThePresident did not ejaculate in her presence.⁽³²³⁾

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

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

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

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

In addition to the record of the Dick Morris phone call, thetestimony of Secret Service Officer Muskett corroborates Ms.Lewinsky's account. Officer Muskett was posted near the door tothe Oval Office on Easter Sunday.⁽³³²⁾ He testified that Ms.Lewinsky (whom he knew) arrived at about 4:45 p.m. carrying amanila folder and seeming "a little upset."⁽³³³⁾ She told OfficerMuskett that she needed to deliver documents to the President.⁽³³⁴⁾ Officer Muskett or the plainclothes agent on duty with him openedthe 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 Houseoperator said that the President had an important call but he wasnot picking up.⁽³³⁶⁾ The agent working alongside Officer Muskettknocked on the door to the Oval Office. When the President didnot respond, the agent entered. The Oval Office was empty, andthe door leading to the study was slightly ajar.⁽³³⁷⁾ (Ms. Lewinskytestified that the President left the door ajar during theirsexual encounters.⁽³³⁸⁾) The agent called out, "Mr. President?" There was no response. The agent stepped into the Oval Officeand called out more loudly, "Mr. President?" This time there wasa 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. Ickesapproached and said he needed to see President Clinton. OfficerMuskett admitted him through Ms. Currie's office.⁽³⁴⁰⁾ Less than aminute after Mr. Ickes entered Ms. Currie's reception area,according to Officer Muskett, the pantry or dining room doorclosed audibly. Officer Muskett stepped down the hall to checkand saw Ms. Lewinsky walking away briskly.⁽³⁴¹⁾

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

2. April 12-13: Telephone Conversations

Ms. Lewinsky testified that the President telephoned her thefollowing Friday, April 12, 1996, at home. They talked for about20 minutes. According to Ms. Lewinsky, the President said he hadchecked on the reason for her transfer:

[H]e had come to learn . . . that Evelyn Lieberman had sortof spearheaded the transfer, and that she thought he waspaying too much attention to me and I was paying too muchattention to him and that she didn't necessarily care whathappened after the election but everyone needed to becareful before the election.⁽³⁴³⁾

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

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

After I had gotten rid of her, when I was in there, duringthe course of a conversation, [President Clinton] said, "Igot a call about --" I don't know if he said her name. Hesaid maybe "-- an intern you fired." And she was evidentlyvery upset about it. He said, "Do you know anything aboutthis?" 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 thematter further.⁽³⁴⁶⁾

Three other witnesses confirm that the President knew whyMs. Lewinsky was transferred to the Pentagon. In 1997, thePresident told Chief of Staff Erskine Bowles "that there was ayoung woman -- her name was Monica Lewinsky -- who used to workat the White House; that Evelyn . . . thought she hung around theOval 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 closefriend, Vernon Jordan, testified that the President said to himin 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 theremainder of the year. She and the President spoke by phone (andhad phone sex) but saw each other only at public functions. Ms.Lewinsky grew frustrated after the election because the Presidentdid not bring her back to work at the White House.

A. Pentagon Job

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

B. No Physical Contact

According to Ms. Lewinsky, she had no physical contact withthe President for the rest of 1996.⁽³⁵¹⁾ "I wasn't alone with himso 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 leavinga message) four or five times in the month after she startedworking at the Pentagon, then two or three times a monththereafter for the rest of 1996.⁽³⁵⁴⁾ During the fall 1996campaign, the President sometimes called from trips when Mrs.Clinton was not accompanying him.⁽³⁵⁵⁾ During at least seven of the1996 calls, Ms. Lewinsky and the President had phone sex.⁽³⁵⁶⁾

According to Ms. Lewinsky, the President telephoned her atabout 6:30 a.m. on July 19, the day he was leaving for the 1996Olympics in Atlanta, and they had phone sex, after which thePresident exclaimed, "[G]ood morning!" and then said: "What away to start a day."⁽³⁵⁷⁾ A call log shows that the Presidentcalled the White House operator at 12:11 a.m. on July 19 andasked for a wake-up call at 7 a.m., then at 6:40 a.m., thePresident called and said he was already up.⁽³⁵⁸⁾ In Ms. Lewinsky'srecollection, 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 (December2).⁽³⁶⁰⁾

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

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

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

Ms. Lewinsky and the President also talked about theirrelationship. During a phone conversation on September 5,according to Ms. Lewinsky, she told the President that she wantedto have intercourse with him. He responded that he could not doso 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 thePresident in public. She testified:

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

On May 2, 1996, Ms. Lewinsky saw the President at a reception forthe Saxophone Club, a political organization.⁽³⁶⁶⁾ On June 14, Ms.Lewinsky and her family attended the taping of the President'sweekly radio address and had photos taken with the President.⁽³⁶⁷⁾ On August 18, Ms. Lewinsky attended the President's 50th birthdayparty at Radio City Music Hall, and she got into a cocktail partyfor major donors where she saw the President.⁽³⁶⁸⁾ According to Ms.Lewinsky, when the President reached past her at the rope line toshake hands with another guest, she reached out and touched hiscrotch in a "playful" fashion.⁽³⁶⁹⁾ On October 23, according to Ms.Lewinsky, she talked with the President at a fundraiser forSenate Democrats.⁽³⁷⁰⁾ The two were photographed together at theevent.⁽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 Pentagonbusiness the next day, and he told her to stop by the OvalOffice. At the White House the next day, Ms. Lewinsky did notsee the President because Ms. Lieberman was nearby.⁽³⁷³⁾ OnDecember 17, Ms. Lewinsky attended a holiday reception at theWhite House.⁽³⁷⁴⁾ A photo shows her shaking hands with thePresident.⁽³⁷⁵⁾

E. Ms. Lewinsky's Frustrations

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

I was so sure that the weekend after the election you wouldcall me to come visit and you would kiss me passionately andtell me you couldn't wait to have me back. You'd ask mewhere I wanted to work and say something akin to "Considerit done" and it would be. Instead I didn't hear from youfor weeks and subsequently your phone calls became lessfrequent.⁽³⁷⁶⁾

Ms. Lewinsky grew increasingly frustrated over herrelationship with President Clinton.⁽³⁷⁷⁾ One friend understoodthat Ms. Lewinsky complained to the President about not havingseen each other privately for months, and he replied, "Every daycan'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 upcontact with me for so long and now nothing, now when we could betogether?"⁽³⁷⁹⁾

In 1997, President Clinton and Ms. Lewinsky had furtherprivate meetings, which now were arranged by Betty Currie, thePresident's secretary. After the taping of the President'sweekly radio address on February 28, the President and Ms.Lewinsky had a sexual encounter. On March 24, they had whatproved to be their final sexual encounter. Throughout thisperiod, Ms. Lewinsky continued to press for a job at the WhiteHouse, to no avail.

A. Resumption of Meetings with the President

1. Role of Betty Currie

a. Arranging Meetings

In 1997, with the presidential election past, Ms. Lewinskyand the President resumed their one-on-one meetings and sexualencounters. The President's secretary, Betty Currie, acted asintermediary.

According to Ms. Currie, Ms. Lewinsky would often call herand say she wanted to see the President, sometimes to discuss aparticular 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 thePresident and then call Ms. Currie to set up a meeting.⁽³⁸²⁾ Attimes, Ms. Currie placed calls to Ms. Lewinsky for PresidentClinton and put him on the line.⁽³⁸³⁾

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

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

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

b. Intermediary for Gifts

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

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

c. Secrecy

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

Ms. Currie also testified that she tried to avoid learningdetails of the relationship between the President and Ms.Lewinsky. On one occasion, Ms. Lewinsky said of herself and thePresident, "As long as no one saw us -- and no one did -- thennothing happened." Ms. Currie responded: "Don't want to hearit. Don't say any more. I don't want to hear any more."⁽⁴⁰⁷⁾

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

In addition, Ms. Currie avoided writing down or retainingmost messages from Ms. Lewinsky to the President. In response toa grand jury subpoena, the White House turned over only one noteto the President concerning Ms. Lewinsky -- whereas evidenceindicates that Ms. Lewinsky used Ms. Currie to convey requestsand 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 thelikelihood of being seen by two White House employees whodisapproved of Ms. Lewinsky: Stephen Goodin and NancyHernreich.⁽⁴¹²⁾ Ms. Currie testified that she once brought Ms.Lewinsky directly to the study, "sneaking her back" via aroundabout path to avoid running into Mr. Goodin.⁽⁴¹³⁾ When Ms.Lewinsky visited the White House on weekends and at night, beingspotted was not a problem -- in Ms. Currie's words, "there wouldbe no need to sneak" -- so Ms. Lewinsky would await the Presidentin Ms. Currie's office.⁽⁴¹⁴⁾

According to Ms. Lewinsky, she once expressed concern aboutrecords showing the President's calls to her, and Ms. Currie toldher not to worry.⁽⁴¹⁵⁾ Ms. Lewinsky also suspected that Ms. Curriewas not logging in all of her gifts to the President.⁽⁴¹⁶⁾ In Ms.Lewinsky's evaluation, many White House staff members tried toregulate the President's behavior, but Ms. Currie generally didas 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 trafficabout the President's movements, several officers observed thatthe President often would head for the Oval Office within minutesof Ms. Lewinsky's entry to the complex, especially on weekends,and some noted that he would return to the Residence a short timeafter her departure.⁽⁴¹⁸⁾ "It was just like clockwork," accordingto one officer.⁽⁴¹⁹⁾ Concerned about the President's reputation,another officer suggested putting Ms. Lewinsky on a list ofpeople who were not to be admitted to the White House. Acommander responded that it was none of their business whom thePresident chose to see, and, in any event, nobody would ever findout about Ms. Lewinsky.⁽⁴²⁰⁾

B. Valentine's Day Advertisement

On February 14, 1997, the Washington Post published aValentine's Day "Love Note" that Ms. Lewinsky had placed. The adsaid:

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 onPentagon business.⁽⁴²²⁾ She went by Ms. Currie's office.⁽⁴²³⁾ Ms.Currie sent a note to the President -- the only such note turnedover 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 asexual encounter on Thursday, February 28 -- their first innearly 11 months. White House records show that Ms. Lewinskyattended the taping of the President's weekly radio address onFebruary 28.⁽⁴²⁵⁾ She was at the White House from 5:48 to 7:07p.m.⁽⁴²⁶⁾ The President was in the Roosevelt Room (where the radioaddress was taped) from 6:29 to 6:36 p.m., then moved to the OvalOffice, where he remained until 7:24 p.m.⁽⁴²⁷⁾ He had no telephonecalls while Ms. Lewinsky was in the White House.⁽⁴²⁸⁾

Wearing a navy blue dress from the Gap, Ms. Lewinskyattended the radio address at the President's invitation (relayedby Ms. Currie), then had her photo taken with the President.⁽⁴²⁹⁾ Ms. Lewinsky had not been alone with the President since she hadworked at the White House, and, she testified, "I was reallynervous."⁽⁴³⁰⁾ President Clinton told her to see Ms. Currie afterthe photo was taken because he wanted to give her something.⁽⁴³¹⁾ "So I waited a little while for him and then Betty and thePresident and I went into the back office," Ms. Lewinskytestified.⁽⁴³²⁾ (She later learned that the reason Ms. Currieaccompanied them was that Stephen Goodin did not want thePresident to be alone with Ms. Lewinsky, a view that Mr. Goodinexpressed to the President and Ms. Currie.⁽⁴³³⁾) Once they hadpassed from the Oval Office toward the private study, Ms. Curriesaid, "I'll be right back," and walked on to the back pantry orthe dining room, where, according to Ms. Currie, she waited for15 to 20 minutes while the President and Ms. Lewinsky were in thestudy.⁽⁴³⁴⁾ Ms. Currie (who said she acted on her own initiative)testified that she accompanied the President and Ms. Lewinsky outof the Oval Office because "I didn't want any perceptions, himbeing 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 kissme, because . . . it had been a long time since we had beenalone."⁽⁴³⁶⁾ The President told her to wait a moment, as he hadpresents for her.⁽⁴³⁷⁾ As belated Christmas gifts, he gave her ahat pin and a special edition of Walt Whitman's Leaves ofGrass.⁽⁴³⁸⁾

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

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

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

And then I think I was touching him in his genital areathrough his pants, and I think I unbuttoned his shirt andwas kissing his chest. And then . . . I wanted to performoral sex on him . . . and so I did. And then . . . I thinkhe 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 pushedme away, kind of as he always did before he came, and then Istood up and I said . . . I care about you so much; . . . Idon'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 "hesaid he didn't want to get addicted to me, and he didn't want meto get addicted to him." They looked at each other for amoment.⁽⁴⁴²⁾ Then, saying that "I don't want to disappoint you,"the President consented.⁽⁴⁴³⁾ For the first time, she performedoral sex through completion.⁽⁴⁴⁴⁾

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

In his grand jury testimony, the President -- who, becausethe OIC had asked him for a blood sample (and had representedthat it had ample evidentiary justification for making such arequest), had reason to suspect that Ms. Lewinsky's dress mightbear traces of his semen -- indicated that he and Ms. Lewinskyhad had sexual contact on the day of the radio address. Hetestified:

I was sick after it was over and I, I was pleased at thattime that it had been nearly a year since any inappropriatecontact had occurred with Ms. Lewinsky. I promised myselfit wasn't going to happen again. The facts are complicatedabout 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 radioaddress: "I do believe that I was alone with her from 15 to 20minutes. I do believe that things happened then which wereinappropriate."⁽⁴⁴⁸⁾ He said of the intimate relationship with Ms.Lewinsky: "I never should have started it, and I certainlyshouldn't have started it back after I resolved not to in1996."⁽⁴⁴⁹⁾

E. March 29 Sexual Encounter

According to Ms. Lewinsky, she had what proved to be herfinal sexual encounter with the President on Saturday, March 29,1997. Records show that she was at the White House from 2:03 to3:16 p.m., admitted by Ms. Currie.⁽⁴⁵⁰⁾ The President was in theOval Office during this period (he left shortly after Ms.Lewinsky did, at 3:24 p.m.), and he did not have any phone callsduring her White House visit.⁽⁴⁵¹⁾

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

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

According to Ms. Lewinsky, she and the President had alengthy conversation that day. He told her that he suspectedthat a foreign embassy (he did not specify which one) was tappinghis telephones, and he proposed cover stories. If everquestioned, she should say that the two of them were justfriends. If anyone ever asked about their phone sex, she shouldsay 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 deniedthis encounter. He acknowledged "inappropriate intimate contact"with Ms. Lewinsky "on certain occasions in early 1996 and once inearly 1997."⁽⁴⁵⁹⁾ The President indicated that "the one occasion in1997" was the radio address.⁽⁴⁶⁰⁾

F. Continuing Job Efforts

With the 1996 election past, meanwhile, Ms. Lewinsky hadcontinued striving to get a job at the White House. Shetestified that she first broached the issue in a telephone callwith the President in January 1997, and he said he would speak toBob Nash, Director of Presidential Personnel.⁽⁴⁶¹⁾ She understoodthat Mr. Nash was supposed to "find a position for me to comeback to the White House."⁽⁴⁶²⁾

Over the months that followed, Ms. Lewinsky repeatedly askedthe President to get her a White House job. In her recollection,the President replied that various staff members were working onit, including Mr. Nash and Marsha Scott, Deputy Assistant to thePresident 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 bytelling 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'lldo." 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 acknowledgedthat Ms. Lewinsky had complained to him about her job situation:

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

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

A. Questions about Ms. Lewinsky's Discretion

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

Corroborating Ms. Lewinsky's account, Mr. Kaye testifiedthat he told Ms. Lewinsky's aunt, Debra Finerman, that heunderstood that "her niece was very aggressive," a remark thatangered Ms. Finerman. Ms. Finerman told Mr. Kaye that thePresident was the true aggressor: He was telephoning Ms.Lewinsky late at night. Ms. Finerman, in Mr. Kaye'srecollection, attributed this information to Marcia Lewis, Ms.Lewinsky's mother (and Ms. Finerman's sister). Mr. Kaye -- whohad disbelieved stories he had heard from Democratic NationalCommittee people about an affair between Ms. Lewinsky and thePresident -- 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, thePresident ended their intimate relationship. Ms. Lewinsky was atthe White House that day from 12:21 to 1:54 p.m.⁽⁴⁷²⁾ The Presidentwas in the Oval Office during most of this period, from 11:59a.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 atabout 11 a.m. that day, inviting her to come to the White Houseat about 1 p.m. Ms. Lewinsky arrived wearing a straw hat withthe hat pin the President had given her, and bringing gifts forhim, including a puzzle and a Banana Republic shirt. She gavehim the gifts in the dining room, and they moved to the area ofthe study.⁽⁴⁷⁵⁾

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

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

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

A. Continuing Job Efforts

Although Ms. Lewinsky was not offered another White Housejob, some testimony indicates that the President tried to get herone.

According to Betty Currie, the President instructed her andMarsha Scott to help Ms. Lewinsky find a White House job.⁽⁴⁸²⁾ Ms.Currie testified that she resisted the request, because heropinion of Ms. Lewinsky had shifted over time. At first, shetestified, she considered Ms. Lewinsky "a friend" who "had beenwronged" and had been "maligned improperly."⁽⁴⁸³⁾ But "[l]ater on,I considered her as a pain in the neck, more or less."⁽⁴⁸⁴⁾ Thechange of heart resulted in part from Ms. Currie's many phonecalls in 1997 from Ms. Lewinsky, who was often distraught andsometimes in tears over her inability to get in touch with thePresident.⁽⁴⁸⁵⁾ Deeming her "a little bit pushy," Ms. Currie arguedagainst 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⁾ Tothe best of Ms. Currie's recollection, it was the only time thePresident instructed her to try to get someone a White Housejob.⁽⁴⁸⁸⁾

According to Ms. Lewinsky, the President told her to talkwith Ms. Scott about a White House job in spring 1997.⁽⁴⁸⁹⁾ On June16, 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 knowwhat my title or my job was . . . . She didn't have any jobopenings to offer. Instead, she made me go over whathappened when I had to leave (who told me), and thenproceeded to confirm the Evelyn [Lieberman] story about my"inappropriate behavior." Then she asked me: with suchnasty women there and people gossiping about me, why did Iwant to come back? I was so upset. I really did not feelit was her place to question me about that. Later on, Isaid something about being told I could come back afterNovember and she wanted to know who told me that! So I haveplaced a call to him but I don't know what is going tohappen.

Ms. Lewinsky added that she was inclined "to walk away from itall," but acknowledged that "I'm always saying this and then Ichange 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 shewanted to return to the White House.⁽⁴⁹³⁾ Ms. Scott also said thatshe was unaware of Ms. Lewinsky's job title before theirmeeting.⁽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 thePresident "said to me that he had told [Ms. Scott] I had gotten abum 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 notjust do what he asked of her. Is it possible that, in fact,he did not tell her that? Does he really not want me backin the complex? He has not responded to my note, nor has hecalled me. Do you know what is going on? If so, are youable to share it with me?⁽⁴⁹⁵⁾

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

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

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

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

B. July 3 Letter

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

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

Although not questioned about this particular letter, thePresident testified that he believed Ms. Lewinsky might disclosetheir intimate relationship once he stopped it. He testified:

After I terminated the improper contact with her, she wantedto come in more than she did. She got angry when she didn'tget in sometimes. I knew that that might make her morelikely to speak, and I still did it because I had to limitthe contact.⁽⁵⁰⁶⁾

After receiving the July 3 letter, though, the Presidentagreed to see Ms. Lewinsky. In her account, Ms. Currie calledthat 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 shecharacterized as a "very emotional" visit with the President.⁽⁵⁰⁸⁾ Records show that Ms. Lewinsky entered the White House at 8:51a.m.; no exit time is recorded.⁽⁵⁰⁹⁾ Logs indicate that thePresident was in the Oval Office from 8:40 until after 11 a.m.⁽⁵¹⁰⁾

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

There, the President was "the most affectionate with me he'dever been," Ms. Lewinsky testified. He stroked her arm, toyedwith her hair, kissed her on the neck, praised her intellect andbeauty.⁽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 threeyears. And I was . . . thinking just when he wasn'tPresident, he was going to have more time on his hands. Andhe said, well, I don't know, I might be alone in threeyears. And then I said something about . . . us sort ofbeing together. I think I kind of said, oh, I think we'd bea good team, or something like that. And he . . . jokinglysaid, well, what are we going to do when I'm 75 and I haveto pee 25 times a day? And . . . I told him that we'd dealwith that. . . .⁽⁵¹⁵⁾

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

Just before leaving, according to Ms. Lewinsky, she told thePresident "that I wanted to talk to him about something seriousand that while I didn't want to be the one to talk about thiswith him, I thought it was important he know."⁽⁵¹⁷⁾ She informedhim that Newsweek was working on an article about KathleenWilley, a former White House volunteer who claimed that thePresident had sexually harassed her during a private meeting inthe Oval Office on November 23, 1993. (Ms. Lewinsky knew of thearticle from Ms. Tripp, who had worked at the White House at thetime of the alleged incident and had heard about the incidentfrom Ms. Willey. Michael Isikoff of Newsweek had talked with Ms.Tripp about the episode in March 1997 and again shortly beforeJuly 4, and Ms. Tripp had subsequently related the Isikoffconversations to Ms. Lewinsky.⁽⁵¹⁸⁾) Ms. Lewinsky told thePresident what she had learned from Ms. Tripp (whom she did notname), including the fact that Ms. Tripp had tried to get intouch with Deputy White House Counsel Bruce Lindsey, who had notreturned her calls.⁽⁵¹⁹⁾

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

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

According to Ms. Lewinsky, the President had no telephonecalls during her time with him. At 10:19 a.m., probably afterher departure (her exit time is not shown on logs), he placed twocalls, both potentially follow-ups to the conversation about theNewsweek article. First, he spoke with Bruce Lindsey for threeminutes, 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 hadher come to the White House to discuss Linda Tripp andNewsweek.⁽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 Officearea from 9:28 to 11:25 p.m.⁽⁵²⁷⁾

Ms. Lewinsky testified that, at around 7:30 p.m. thatevening, Ms. Currie telephoned and said that the President wantedto 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 WhiteHouse.⁽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 tothe White House complex, the President left the Oval Office forthe appointment secretary's office.)⁽⁵³⁰⁾ According to Ms.Lewinsky:

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

The President told Ms. Lewinsky that Ms. Willey had called theWhite House again, this time to report that Mr. Isikoff somehowknew of her earlier White House call.⁽⁵³²⁾ The President wonderedif Ms. Lewinsky had mentioned the Willey call to Ms. Tripp, whoin turn might have told Mr. Isikoff. Ms. Lewinsky acknowledgedthat she had done so. Ms. Lewinsky testified: "[H]e wasconcerned about Linda, and I reassured him. He asked me if Itrusted her, and I said yes."⁽⁵³³⁾ The President asked Ms. Lewinskyto try to persuade Ms. Tripp to call Mr. Lindsey.⁽⁵³⁴⁾ ThePresident, according to Ms. Lewinsky, also asked if she hadconfided 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 Houserecords, at 10:03 p.m. the President participated in a 51-minuteconference call with Robert Bennett, his private attorney in theJones case, and Charles Ruff, White House Counsel. Immediatelyafter completing that call, the President had a six-minute phoneconversation with Bruce Lindsey.⁽⁵³⁷⁾

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

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

E. July 16 Meeting with Marsha Scott

On July 16, 1997, Ms. Lewinsky met again with Ms. Scottabout returning to the White House.⁽⁵⁴¹⁾ Ms. Scott said she wouldtry to detail Ms. Lewinsky from the Pentagon to Ms. Scott'soffice on a temporary basis, according to Ms. Lewinsky.⁽⁵⁴²⁾ Inthat way, Ms. Scott said, Ms. Lewinsky could prove herself. Ms.Scott also said that "they had to be careful and protect [thePresident]."⁽⁵⁴³⁾ Both Ms. Scott and Ms. Currie confirmed that Ms.Scott talked with Ms. Lewinsky about the possibility of beingdetailed to work at the White House.⁽⁵⁴⁴⁾ Ms. Scott testified thatshe tried to arrange the detail on her own, without any directionfrom the President; Ms. Currie, however, testified that thePresident instructed her and Ms. Scott to try to get Ms. Lewinskya 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 Officewhen she arrived; he moved to the study at 6:14 p.m. and remainedthere until her departure.⁽⁵⁴⁷⁾ He had no telephone calls duringMs. Lewinsky's visit.⁽⁵⁴⁸⁾

According to Ms. Lewinsky, she went to the White House topick up a photograph from Ms. Currie, who said the Presidentmight be available for a quick meeting. Ms. Currie put Ms.Lewinsky in the Cabinet Room while the President finished anothermeeting, then took her to see him. They chatted for five to tenminutes, and the President gave Ms. Lewinsky, as a birthdaypresent, an antique pin.⁽⁵⁴⁹⁾

G. Newsweek Article and Its Aftermath

Newsweek published the Kathleen Willey story in its August11, 1997, edition (which appeared a week before the cover date). The article quoted Ms. Tripp as saying that Ms. Willey, afterleaving the Oval Office on the day of the President's allegedadvances, looked "disheveled," "flustered, happy, and joyful." The article also quoted Robert Bennett as saying that Ms. Trippwas "not to be believed."⁽⁵⁵⁰⁾

After the article appeared, Ms. Tripp wrote a letter toNewsweek charging that she had been misquoted, but the magazinedid not publish it.⁽⁵⁵¹⁾ Ms. Lewinsky subsequently told thePresident about Ms. Tripp's letter. He replied, Ms. Lewinskysaid in a recorded conversation, "Well, that's good because itsure 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 thePresident. She visited the White House on that day from 9:02 to10:20 a.m.⁽⁵⁵³⁾ The President moved from the Residence to the OvalOffice at 9:20 a.m. and remained in the Oval Office until 10:03a.m.⁽⁵⁵⁴⁾ After a one-minute call to Betty Currie at her desk at9:18 a.m., evidently from the Residence, the President had nocalls while Ms. Lewinsky was at the White House.⁽⁵⁵⁵⁾ The next dayhe left for a vacation on Martha's Vineyard.⁽⁵⁵⁶⁾

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

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

Ms. Lewinsky touched the President's genitals through his pantsand moved to perform oral sex, but the President rebuffed her.⁽⁵⁵⁸⁾ In her recollection: "[H]e said, I'm trying not to do this andI'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 beupset."⁽⁵⁵⁹⁾ Later, in a draft note to "Handsome," Ms. Lewinskyreferred to this visit: "It was awful when I saw you for yourbirthday in August. You were so distant that I missed you as Iwas 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. Lewinskywrote to two friends, Ms. Scott told her that the detail slot inher office had been eliminated.⁽⁵⁶²⁾ Ms. Lewinsky told one friend:

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

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

Ms. Lewinsky expressed her escalating frustration in a noteto the President that she drafted (but did not send).⁽⁵⁶⁵⁾ Shewrote:

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

Ms. Lewinsky went on to discuss other women rumored to beinvolved with the President who enjoy "golden positions," abovecriticism, "because they have your approval." She continued: "Ijust loved you -- wanted to spend time with you, kiss you, listento 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. Youand 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 withthe President. On Friday, September 12, 1997, she arrived at theWhite House without an appointment, called Ms. Currie, and had along wait at the gate. When Ms. Currie came to meet her, Ms.Lewinsky was crying. Ms. Currie explained that sometimes thePresident's hands are tied -- but, she said, she had gotten hisauthorization to ask John Podesta, the Deputy Chief of Staff, tohelp Ms. Lewinsky return to work at the White House.⁽⁵⁶⁷⁾

J. Black Dog Gifts

Before the President had left for vacation, Ms. Lewinsky hadsent a note asking if he could bring her a T-shirt from the BlackDog, a popular Vineyard restaurant.⁽⁵⁶⁸⁾ In early September, Ms.Currie gave several Black Dog items to Ms. Lewinsky.⁽⁵⁶⁹⁾ In anemail message to Catherine Davis, Ms. Lewinsky wrote: "Well, Ifound 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 thoughhe's a big schmuck, that is surprisingly sweet -- even that heremembered!"⁽⁵⁷⁰⁾

K. Lucy Mercer Letter and Involvement of Chief of Staff

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

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

At around this time, the President did ask the White HouseChief of Staff to help in the job search. Mr. Bowles testifiedabout a conversation with the President in the Oval Office: "Hetold me that there was a young woman -- her name was MonicaLewinsky -- who used to work at the White House; that Evelyn. . . thought she hung around the Oval Office too much andtransferred her to the Pentagon."⁽⁵⁷⁶⁾ The President asked Mr.Bowles to try to find Ms. Lewinsky a job in the Old ExecutiveOffice 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 toldthat she would never work at the White House again. Ms. Trippconveyed the news, which she indicated had come from a friend onthe White House staff. Ms. Lewinsky testified:

Linda Tripp called me at work on October 6th and told methat her friend Kate in the NSC . . . had heard rumors aboutme 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 NewYork, 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. Lewinskyexpressed 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 tobe a source of pleasure and laughter and energy to you. Iwant to make you smile.

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

When terminating their sexual relationship on May 24, thePresident had told Ms. Lewinsky that he hoped they would remainfriends, for he could do a great deal for her.⁽⁵⁸³⁾ Now, havinglearned that he could not (or would not) get her a White Housejob, Ms. Lewinsky decided to ask him for a job in New York,perhaps at the United Nations -- a possibility that she hadmentioned to him in passing over the summer. On the afternoon ofOctober 6, Ms. Lewinsky spoke of this plan to Ms. Currie, whoquoted the President as having said earlier: "Oh, that's noproblem. We can place her in the UN like that."⁽⁵⁸⁴⁾

In a recorded conversation later on October 6, Ms. Lewinskysaid she wanted two things from the President. The first wascontrition: He needed to "acknowledge . . . that he helped fuckup my life."⁽⁵⁸⁵⁾ The second was a job, one that she could obtainwithout much effort: "I don't want to have to work for thisposition . . . . I just want it to be given to me."⁽⁵⁸⁶⁾ Ms.Lewinsky decided to write the President a note proposing that thetwo of them "get together and work on some way that I can comeout of this situation not feeling the way I do."⁽⁵⁸⁷⁾ Aftercomposing the letter, she said: "I want him to feel a littleguilty, 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 aWhite House job, and she asked for a prompt meeting to discussher job situation.⁽⁵⁸⁹⁾ She went on to advance a specific request:

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

IX. October-November 1997:

United Nations' Job Offer

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

A. October 10: Telephone Conversation

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

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

. . . be no trouble."⁽⁵⁹⁴⁾ Ms. Lewinsky said she challenged thePresident: "[T]ell me . . . when I've caused you trouble."⁽⁵⁹⁵⁾ The President responded, "I've never worried about you. I'venever 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 tohelp her. He responded that, on the contrary, he was eager tohelp.⁽⁵⁹⁷⁾ The President said that he regretted Ms. Lewinsky'stransfer to the Pentagon and assured her that he would not havepermitted it had he foreseen the difficulty in returning her tothe White House.⁽⁵⁹⁸⁾ Ms. Lewinsky told him that she wanted a jobin New York by the end of October, and the President promised todo 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 thatthe President wished to see her.⁽⁶⁰⁰⁾ Ms. Lewinsky entered theWhite House at 9:36 a.m. and departed at 10:54 a.m.⁽⁶⁰¹⁾ ThePresident entered the Oval Office at 9:52 a.m.⁽⁶⁰²⁾

Ms. Lewinsky met with the President in the study, and theydiscussed her job search.⁽⁶⁰³⁾ Ms. Lewinsky told the President thatshe wanted to pursue jobs in the private sector, and he told herto 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 thePresident and had many business contacts, might help her find ajob.⁽⁶⁰⁵⁾ According to Ms. Lewinsky, the President was receptive tothe idea.⁽⁶⁰⁶⁾

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

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

Ms. Lewinsky: Well, see, I don't really think -- I'mgoing to tell him that I don't think Erskine should haveanything to do with this. I don't think anybody who worksthere should.

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

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

Ms. Lewinsky preferred that Vernon Jordan assist her in her jobsearch:

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

Ms. Lewinsky: Yeah, but there's a big difference. Ithink somebody could construe, okay? Somebody couldconstrue or say, "Well, they gave her a job to shut her up. They made her happy. . . . And he [Mr. Bowles] works forthe government and shouldn't have done that." And with theother 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 typesof jobs that interested her in New York City.⁽⁶¹¹⁾ The note began: My dream had been to work in Communicationsor Strategic Planning at the White House. Iam open to any suggestions that you may haveon work that is similar to that or mayintrigue me. The most important things to meare that I am engaged and interested in mywork, I am not someone's administrative/executive assistant, and my salary canprovide me a comfortable living in NY.⁽⁶¹²⁾

She identified five public relations firms where she would liketo work.⁽⁶¹³⁾ Ms. Lewinsky concluded by saying of the UnitedNations:

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

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

In addition to the "wish list," Ms. Lewinsky said sheenclosed in the packet a pair of sunglasses and "a lot of thingsin a little envelope," including some jokes, a card, and apostcard.⁽⁶¹⁷⁾ She said that she had written on the card: "Wasn'tI right that my hugs are better in person than in cards?"⁽⁶¹⁸⁾ Thepostcard featured a "very erotic" Egon Schiele painting.⁽⁶¹⁹⁾ Ms.Lewinsky also enclosed a note with her thoughts on educationreform.⁽⁶²⁰⁾

Ms. Lewinsky testified that she felt that the President owedher a job for several reasons: Her relationship with him was thereason she had been transferred out of the White House; he hadpromised her a job and so far had done nothing to help her findone; and she had left the White House "quietly," without makingan 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 helpMs. Lewinsky find a job in New York.⁽⁶²⁴⁾ Mr. Podesta testifiedthat, during a Presidential trip to Latin America, he approachedthen-U.N. Ambassador William Richardson while aboard Air ForceOne and asked the Ambassador to consider a former White Houseintern for a position at the U.N.⁽⁶²⁶⁾ At the time, Mr. Podestacould not recall the intern's name.⁽⁶²⁷⁾ Ambassador Richardson andthe 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 askedwhether "she knew anything about a resume that John was going tosend us."⁽⁶³⁰⁾ Mr. Podesta's secretary knew nothing about it andasked Mr. Podesta what to do; he instructed her to callMs. 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'sapartment from a U.N. telephone number identified in StateDepartment records as "Ambassador Richardson's line."⁽⁶³³⁾ Ms.Lewinsky testified that she spoke to Ambassador Richardson. Awoman called, Ms. Lewinsky testified, and said, "[H]old forAmbassador Richardson."⁽⁶³⁴⁾ Then the Ambassador himself came onthe line: "I remember, because I was shocked and I was . . .very nervous."⁽⁶³⁵⁾ The purpose of the call was to schedule a jobinterview at a Watergate apartment the following week.⁽⁶³⁶⁾ At oddswith Ms. Lewinsky, the Ambassador and Ms. Watkins both testifiedthat Ms. Watkins, not the Ambassador, spoke with Ms. Lewinsky.⁽⁶³⁷⁾

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

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

According to Ms. Lewinsky, on October 30, the night beforethe interview, the President did call. She characterized theconversation as a "pep talk": "[H]e was trying to kind of buildmy confidence and reassure me."⁽⁶⁴²⁾ The President told her to callMs. Currie after the interview.⁽⁶⁴⁴⁾ In his Jones deposition, thePresident indicated that he learned of her interview withAmbassador 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 twoof his assistants, Mona Sutphen and Rebecca Cooper, interviewedMs. Lewinsky at the Watergate.⁽⁶⁴⁶⁾ According to AmbassadorRichardson, he "listen[ed] while Mona and Rebecca wereinterviewing her."⁽⁶⁴⁷⁾ Neither Ambassador Richardson nor any ofhis staff made inquiries, before or after the interview, aboutMs. 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 fromthe U.N.⁽⁶⁴⁹⁾ She wrote:

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

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

I don't think I told you that in myconversation last Thursday night with himthat he said that he would ask you to set upa meeting between VJ and myself, once VJ gotback. I assume he'll mention this to you atsome point -- hopefully sooner rather thanlater!⁽⁶⁵²⁾

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

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

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

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

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

When the President was asked in the Jones deposition whetherhe knew that Ms. Lewinsky had received the offer of a job at theU.N., he testified: "I know that she interviewed for one. Idon'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 considerthe offer because she wanted to pursue possibilities in theprivate sector.⁽⁶⁶¹⁾ Ms. Sutphen told Ambassador Richardson, who,according to Ms. Sutphen, said the delay would be fine.⁽⁶⁶²⁾ Over amonth later, on January 5, 1998, Ms. Lewinsky finally turned downthe job.⁽⁶⁶³⁾

X. November 1997: Growing Frustration

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

A. Interrogatories Answered

On November 3, 1997, the President answered Paula Jones'sSecond Set of Interrogatories. Two of those interrogatoriesasked the President to list any woman other than his wife withwhom he had "had," "proposed having," or "sought to have" sexualrelations during the time that he was Attorney General ofArkansas, Governor of Arkansas, and President of the UnitedStates.⁽⁶⁶⁴⁾ President Clinton objected to the scope and relevanceof both interrogatories and refused to answer them.⁽⁶⁶⁵⁾

B. First Vernon Jordan Meeting

In mid-October, the President had agreed to involve VernonJordan in Ms. Lewinsky's job search.⁽⁶⁶⁶⁾ In a draft letter to Ms.Currie dated November 2, Ms. Lewinsky wrote that the Presidenthad "said he would ask you to set up a meeting between VJ andmyself."⁽⁶⁶⁷⁾ According to Ms. Lewinsky, on November 3 or November4, Ms. Currie told her to call Vernon Jordan's secretary toarrange 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 thePresident's direction.⁽⁶⁷⁰⁾ Mr. Jordan likewise testified that, inhis understanding, the President was behind Ms. Currie'srequest.⁽⁶⁷¹⁾

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

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

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

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

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

Mr. Jordan also visited the White House and met with thePresident at 2:00 p.m. that day.⁽⁶⁸⁵⁾ Again, Mr. Jordan testifiedthat he had "no recollection" of the substance of hisconversation 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 knowthat our friend has such a wonderful confidant in you."⁽⁶⁸⁷⁾ Alsoon November 6, Ms. Lewinsky wrote in an email to a friend thatshe expected to hear from Mr. Jordan "later next week."⁽⁶⁸⁸⁾ Theevidence indicates, though, that Mr. Jordan took no steps to helpMs. Lewinsky until early December, after she appeared on thewitness list in the Jones case.

Mr. Jordan initially testified that he had "no recollectionof having met with Ms. Lewinsky on November 5."⁽⁶⁸⁹⁾ When showndocumentary evidence demonstrating that his first meeting withMs. Lewinsky occurred in early November, he acknowledged that anearly November meeting was "entirely possible."⁽⁶⁹⁰⁾ Mr. Jordan'sfailure to remember his November meeting with Ms. Lewinsky mayindicate the low priority he attached to it at the time.

C. November 13: The Zedillo Visit

On Thursday, November 13, while Ernesto Zedillo, thePresident of Mexico, was in the White House, Ms. Lewinsky metvery 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 callsand 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 thePresident. On Monday, November 10, in addition to makingfrequent calls to Ms. Currie, she sent the President a noteasking 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 Presidentanother note:

I asked you three weeks ago to please besensitive to what I am going through rightnow and to keep in contact with me, and yetI'm still left writing notes in vain. I amnot a moron. I know that what is going on inthe world takes precedence, but I don't thinkwhat I have asked you for is unreasonable.⁽⁶⁹⁶⁾

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

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

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

After the President returned from the Army-Navy Golf Coursein the late afternoon, Ms. Lewinsky told Ms. Currie that she wascoming to the White House to give him some gifts.⁽⁷⁰³⁾ Ms. Curriesuggested that Ms. Lewinsky wait in Ms. Currie's car in the WhiteHouse parking lot. Ms. Lewinsky went to the White House only tofind 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, inMs. Lewinsky's words, they made a "bee-line" into the WhiteHouse, sneaking up the back stairs to avoid other White Houseemployees, 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 Officestudy.⁽⁷⁰⁶⁾ In the study, Ms. Lewinsky saw several gifts she hadgiven the President, including Oy Vey! The Things They Say: AGuide to Jewish Wit, Nicholson Baker's novel Vox, and a letteropener 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. Lewinskygave him an antique paperweight in the shape of the WhiteHouse.⁽⁷⁰⁹⁾ She also showed him an email describing the effect ofchewing Altoid mints before performing oral sex. Ms. Lewinskywas chewing Altoids at the time, but the President replied thathe did not have enough time for oral sex.⁽⁷¹⁰⁾ They kissed, and thePresident 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 notsee the President again until the first week in December. Hopingto arrange a longer rendezvous, she sent the President severalnotes, 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 apparentlystalled. 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," whileMs. Lewinsky was in Los Angeles. Mr. Jordan told her to call himthe following week to arrange another meeting.⁽⁷¹⁴⁾

In draft letters to the President, which were recovered fromher Pentagon computer, Ms. Lewinsky reflected on the change intheir relationship: "[B]oth professionally and personally, . . .our personal relationship changing has caused me more pain. Doyou realize that?"⁽⁷¹⁵⁾ She asked for the President'sunderstanding: "I don't want you to think that I am not gratefulfor what you are doing for me now -- I'd probably be in a mentalinstitute without it -- but I am consumed with thisdisappointment, frustration, and anger." Ms. Lewinsky rued thebrevity of her November 13 visit with the President: "All you. . . . ever have to do to pacify me is see me and hold me," shewrote. "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 listof their potential witnesses -- including Ms. Lewinsky -- to thePresident's personal attorneys. The following day, PresidentClinton saw Ms. Lewinsky in an unscheduled visit and thendiscussed the Jones case with his attorneys and Deputy WhiteHouse Counsel Bruce Lindsey. A few days later, Ms. Lewinsky metwith Mr. Jordan at his office, and he arranged interviews for Ms.Lewinsky at three companies. In the middle of the night onDecember 17, the President called and informed Ms. Lewinsky thatshe was on the witness list and that she might have to testifyunder oath in the Jones case.

A. December 5: The Witness List

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

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

B. December 5: Christmas Party at the White House

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

The Christmas reception encounter heightened Ms. Lewinsky'sfrustration. On the evening of December 5, she drafted ananguished letter to the President.⁽⁷²⁵⁾ "[Y]ou want me out of yourlife," she wrote. "I guess the signs have been made clear forawhile -- not wanting to see me and rarely calling. I used tothink it was you putting up walls."⁽⁷²⁷⁾ She had purchased severalgifts for him, and, she wrote, "I wanted to give them to you inperson, but that is obviously not going to happen."⁽⁷²⁸⁾ Ms.Lewinsky reminded the President of his words during their October10 telephone argument:

I will never forget what you said that nightwe fought on the phone -- if you had knownwhat I was really like you would never havegotten involved with me. I'm sure you're notthe first person to have felt that way aboutme. I am sorry that this has been such a badexperience.⁽⁷²⁹⁾

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

C. December 6: The Northwest Gate Incident

1. Initial Visit and Rejection

On the morning of Saturday, December 6, Ms. Lewinsky went tothe 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 aboutTheodore Roosevelt.⁽⁷³¹⁾ Ms. Lewinsky planned to leave the parcelwith Ms. Currie, who had told Ms. Lewinsky that the Presidentwould be busy with his lawyers and unable to see her.⁽⁷³²⁾

Ms. Lewinsky arrived at the White House at approximately10:00 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. Lewinskyand the officers made several calls in an attempt to locate Ms.Currie.⁽⁷³⁴⁾ The officers eventually invited Ms. Lewinsky insidethe guard booth.⁽⁷³⁵⁾ When Ms. Currie learned that Ms. Lewinsky wasat the Northwest Gate, she sent word that the President "alreadyhad 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 thatEleanor Mondale was in the White House.⁽⁷³⁷⁾ Ms. Lewinsky correctlysurmised that the President was meeting with Ms. Mondale, ratherthan his lawyers, and she was "livid."⁽⁷³⁸⁾ She stormed away,called and berated Ms. Currie from a pay phone, and then returnedto her Watergate apartment.⁽⁷⁴⁰⁾

Hands shaking and almost crying, Ms. Currie informedseveral Secret Service officers that the President was "irate"that someone had disclosed to Ms. Lewinsky whom he was meetingwith.⁽⁷⁴¹⁾ Ms. Currie told Sergeant Keith Williams, a supervisoryuniformed Secret Service Officer, that if he "didn't find outwhat was going on, someone could be fired."⁽⁷⁴²⁾ She also toldCaptain Jeffrey Purdie, the Secret Service watch commander forthe uniformed division at the time, that the President was "soupset he wants somebody fired over this."⁽⁷⁴³⁾

2. Ms. Lewinsky Returns to the White House

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

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

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

Ms. Lewinsky testified that, overall, she had a "reallynice" and "affectionate" visit with the President.⁽⁷⁵²⁾ In an emailto a friend a few days later, she wrote that, although "thingshave been crazy with the creep, . . . I did have a wonderfulvisit with him on Saturday. When he doesn't put his walls up, itis always heavenly."⁽⁷⁵³⁾

3. "Whatever Just Happened Didn't Happen"

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

The President told Captain Jeffrey Purdie, the SecretService watch commander for the uniformed division at the time,"I hope you use your discretion."⁽⁷⁵⁵⁾ Captain Purdie interpretedthe President's remark to mean that Captain Purdie "wasn't goingto say anything," and he in turn told all of the officersinvolved not to discuss the incident.⁽⁷⁵⁶⁾ One officer recalledthat Captain Purdie told him and other officers, "Whatever justhappened didn't happen."⁽⁷⁵⁷⁾ Captain Purdie told another officer,"I was just in the Oval Office with the President and he wantssomebody's ass out here. . . . As far as you're concerned, . . .[t]his never happened."⁽⁷⁵⁸⁾ In response, that officer, whoconsidered the Northwest Gate incident a "major event," "justshook [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 ChiefCharles O'Malley, that "no paperwork be generated" regarding theNorthwest Gate incident because "Ms. Currie was satisfied withthe way things were handled."⁽⁷⁶⁰⁾ According to Captain Purdie,Deputy Chief O'Malley agreed, and no record of the incident wasmade.⁽⁷⁶¹⁾ Deputy Chief O'Malley testified that the meeting betweenthe President and Captain Purdie was the only occasion he couldrecall in fourteen years at the White House where a Presidentdirectly addressed a job performance issue with a uniformeddivision supervisor.⁽⁷⁶²⁾

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

According to Ms. Lewinsky, the President later indicated toher that he had concerns about the discretion of the SecretService uniformed officers. On December 28 she asked how PaulaJones's attorneys could have known enough to place her on thewitness list. The President replied that the source might beLinda Tripp or "the uniformed officers."⁽⁷⁶⁸⁾

D. The President Confers with His Lawyers

Deputy Counsel Bruce Lindsey testified that he met with thePresident 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 aboutMs. Lewinsky's appearance on the witness list in that meeting.⁽⁷⁷⁰⁾

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

E. Second Jordan Meeting

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

On Thursday, December 11, Ms. Lewinsky had her secondmeeting with Mr. Jordan.⁽⁷⁷⁶⁾ Ms. Lewinsky testified that theydiscussed her job search, and Mr. Jordan told her to send lettersto three business contacts that he provided her. Mr. Jordannoted that Ms. Lewinsky was anxious to get a job as quickly aspossible, and he took action.⁽⁷⁷⁷⁾ In the course of the day, Mr.Jordan placed calls on her behalf to Peter Georgescu, Chairmanand Chief Executive Officer at Young & Rubicam; Richard Halperin,Executive Vice President and Special Counsel to the Chairman ofMacAndrews & Forbes Holdings, Inc. (majority stockholder ofRevlon); and Ursula Fairbairn, Executive Vice-President, HumanResources and Quality, of American Express.⁽⁷⁷⁸⁾ Mr. Jordan toldMs. Lewinsky to keep him informed of the progress of her jobsearch.⁽⁷⁷⁹⁾

At one point in the conversation, according to Ms. Lewinsky,Mr. Jordan said, "[Y]ou're a friend of the President."⁽⁷⁸⁰⁾ Thisprompted Ms. Lewinsky to reveal that she "didn't really look athim as the President"; rather, she "reacted to him more as a manand got angry at him like a man and just a regular person."⁽⁷⁸¹⁾ When Mr. Jordan asked why Ms. Lewinsky got angry at thePresident, she replied that she became upset "when he doesn'tcall me enough or see me enough."⁽⁷⁸²⁾ Ms. Lewinsky testified thatMr. Jordan advised her to take her frustrations out on him ratherthan the President.⁽⁷⁸³⁾ According to Ms. Lewinsky, Mr. Jordansummed up the situation: "You're in love, that's what yourproblem 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 dayslater. He testified that he felt the need to remind Ms. Lewinskythat the President is the "leader of the free world" and hascompeting obligations.⁽⁷⁸⁶⁾

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

F. Early Morning Phone Call

On December 15, 1997, Paula Jones's lawyers served PresidentClinton with her second set of document requests by overnightmail. These requests asked the President to "produce documentsthat related to communications between the President and MonicaLewisky" [sic].⁽⁷⁹⁰⁾ This was the first Paula Jones discoveryrequest to refer to Monica Lewinsky by name.

Ms. Lewinsky testified that in the early-morning hours ofDecember 17, at roughly 2:00 or 2:30 a.m., she received a callfrom 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'sname had appeared on the witness list in the Jones case.⁽⁷⁹³⁾ According to Ms. Lewinsky, the President said "it broke hisheart" to see her name on the witness list.⁽⁷⁹⁴⁾ The President toldher 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 theevent she were subpoenaed.⁽⁷⁹⁶⁾ He also reviewed one of theirestablished cover stories. He told Ms. Lewinsky that she "shouldsay she visited the [White House] to see Ms. Currie and, onoccasion when working at the [White House], she brought himletters when no one else was around."⁽⁷⁹⁷⁾ The President's advice"was . . . instantly familiar to [Ms. Lewinsky]."⁽⁷⁹⁸⁾ Shetestified that the President's use of this "misleading" storyamounted to a continuation of their pre-existing pattern.⁽⁷⁹⁹⁾

Later in the conversation, according to Ms. Lewinsky, thePresident said he would try to get Ms. Currie to come in over theweekend so that Ms. Lewinsky could visit and he could give herseveral Christmas presents.⁽⁸⁰⁰⁾ Ms. Lewinsky replied that, sinceMs. Currie's brother had just died, perhaps they should "letBetty be."⁽⁸⁰¹⁾

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

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

G. Job Interviews

On December 18, Ms. Lewinsky had two job interviews in NewYork City. At MacAndrews & Forbes, she met with Executive VicePresident and Special Counsel to the Chairman Richard Halperin,who viewed the interview as "an accommodation for VernonJordan."⁽⁸⁰⁷⁾ At Burson-Marstellar, she interviewed with CeliaBerk, 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 Affairsand 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 onFriday, December 19. She immediately called Mr. Jordan, and heinvited her to his office. Mr. Jordan spoke with the Presidentthat afternoon and again that evening. He told the Presidentthat 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 expressedconcern about the subpoena's demand for the gifts he had givenher. Later that day, Ms. Currie drove to Ms. Lewinsky'sapartment and collected a box containing some of the subpoenaedgifts. 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. and4:00 p.m., Ms. Lewinsky was served with a subpoena at herPentagon office.⁽⁸¹⁰⁾ The subpoena commanded her to appear for adeposition in Washington, D.C., at 9:30 a.m. on January 23,1998.⁽⁸¹¹⁾ The subpoena also required the production of certaindocuments and gifts. Among the items that Ms. Lewinsky wasrequired to produce were "each and every gift including, but notlimited to, any and all dresses, accessories, and jewelry, and/orhat pins given to you by, or on behalf of, Defendant Clinton," aswell as "[e]very document constituting or containingcommunications between you and Defendant Clinton, includingletters, cards, notes, memoranda, and all telephone records."⁽⁸¹²⁾

Ms. Lewinsky testified that, after being served with thesubpoena, she "burst into tears," and then telephoned Mr. Jordanfrom 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 findingyou 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 Housephone records show that, at 4:57 p.m., the President telephonedMr. Jordan; the two men spoke from 5:01 p.m. to 5:05 p.m.⁽⁸¹⁶⁾ At5:06 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 accountsof their meeting that day. According to Ms. Lewinsky, shortlyafter her arrival, Mr. Jordan received a phone call, and shestepped out of his office. A few minutes later, Ms. Lewinsky wasinvited back in, and Mr. Jordan called Mr. Carter.⁽⁸¹⁹⁾

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

According to Mr. Jordan, when Ms. Lewinsky entered hisoffice, "[H]er emotional state was obviously one of dishevelmentand she was quite upset. She was crying. She was -- she washighly emotional, to say the least."⁽⁸²⁵⁾ She showed him thesubpoena as soon as she entered.⁽⁸²⁶⁾

Ms. Lewinsky also testified that she discussed the subpoenawith Mr. Jordan.⁽⁸²⁷⁾ She told him that she found the specificreference to a hat pin alarming -- how could the Jones'sattorneys have known about it?⁽⁸²⁸⁾ Mr. Jordan told her it was "astandard subpoena."⁽⁸²⁹⁾ When he indicated to Ms. Lewinsky that hewould be seeing the President that night, Ms. Lewinsky told him"to please make sure that he told the President" about hersubpoena.⁽⁸³⁰⁾

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

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

That evening, Mr. Jordan visited the President at the WhiteHouse. According to Mr. Jordan, the two met alone in theResidence 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 wasconcerned by her fascination, her being taken with him. I told him how emotional she was about having gottenthe subpoena. I told him what she said to me aboutwhether or not he was going to leave the First Lady atthe end of the term.⁽⁸⁴⁰⁾

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

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

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

I do not remember exactly what the nature ofthe conversation was. I do remember that Itold him that there was no sexualrelationship between me and Monica Lewinsky,which was true. And that -- then all Iremember for the rest is that he said he hadreferred her to a lawyer, and I believe itwas Mr. Carter.⁽⁸⁴⁵⁾

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

B. December 22: Meeting with Vernon Jordan

Mr. Jordan arranged for Ms. Lewinsky to meet with attorneyFrancis Carter at 11:00 a.m. on Monday, December 22.⁽⁸⁴⁷⁾ On thatmorning, according to Ms. Lewinsky, she called Mr. Jordan andasked to meet before they went to Mr. Carter's office.⁽⁸⁴⁸⁾ Shetestified: "I was a little concerned. I thought maybe [Mr.Jordan] didn't really understand . . . what it was that washappening here with me being subpoenaed and what this reallymeant."⁽⁸⁴⁹⁾ She also wanted to find out whether he had in facttold the President of her subpoena. Mr. Jordan said that hehad.⁽⁸⁵⁰⁾ Ms. Lewinsky also told Mr. Jordan that she was worriedthat someone might have been eavesdropping on her telephoneconversations with the President.⁽⁸⁵¹⁾ When Mr. Jordan asked whyshe 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 giftsfrom the President, showed them to Mr. Jordan, and implied thatthese items were not all of the gifts that the President hadgiven 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 thatshe needed not only a lawyer but a "counselor."⁽⁸⁵⁶⁾ Mr. Cartertestified that, after the initial referral, he expected to haveno further contact with Mr. Jordan about Ms. Lewinsky or hercase.⁽⁸⁵⁸⁾

Mr. Carter and Ms. Lewinsky then met for approximately anhour.⁽⁸⁵⁹⁾ She explained that she did not want to be drawn into theJones case and would strongly prefer not to be deposed.⁽⁸⁶⁰⁾ Hesaid that he would try to persuade Paula Jones's attorneys not todepose her.⁽⁸⁶¹⁾ Ms. Lewinsky testified that she suggested filingan affidavit to avert a deposition.⁽⁸⁶²⁾

According to Ms. Lewinsky, she asked Mr. Carter to get intouch 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 withthe President's side."⁽⁸⁶⁴⁾ Mr. Carter testified that, while Ms.Lewinsky was in his office, he placed a call to Mr. Bennett toarrange a meeting.⁽⁸⁶⁵⁾

On the morning of Tuesday, December 23, Mr. Carter met foran hour with two of the President's personal attorneys, Mr.Bennett and Katherine Sexton.⁽⁸⁶⁶⁾ The President's attorneys toldMr. Carter that other witnesses had filed motions to quash theirsubpoenas, and they offered legal research to support such amotion.⁽⁸⁶⁷⁾

D. December 23: Clinton Denials to Paula Jones

Throughout the sexual harassment case, Ms. Jones's attorneysattempted to obtain information about President Clinton's sexualrelationships with any woman other than his wife. On December11, 1997, the judge overseeing the Jones case, Susan WebberWright, ruled that the President had to answer a writteninterrogatory naming every state and federal employee since 1986with whom he had sexual relations or with whom he had proposed tohave sexual relations. On December 23, 1997, the Presidentanswered the interrogatory: "None."⁽⁸⁶⁸⁾

E. December 28: Final Meeting with the President

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

That morning, Ms. Lewinsky met with the President in theOval Office. WAVES records reflect that the visit was requestedby Ms. Currie and that Ms. Lewinsky entered the White House at8:16 a.m.⁽⁸⁷¹⁾

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

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

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

At some point in the conversation, Ms. Lewinsky told thePresident, "[M]aybe I should put the gifts away outside my housesomewhere or give them to someone, maybe Betty."⁽⁸⁷⁹⁾ Ms. Lewinskyrecalled 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 forthe President to give her gifts under the circumstances (with asubpoena requiring the production of all his gifts), shetestified that she did not think of it at the time, but she didnote some hesitancy on the President's part:

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

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

In the grand jury, the President acknowledged "talking withMs. Lewinsky about her testimony, or about the prospect that shemight have to give testimony. And she, she talked to me aboutthat."⁽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 wasupset."⁽⁸⁸⁴⁾ In the President's recollection, Ms. Lewinsky said sheknew nothing about sexual harassment; why did she have totestify? According to the President, "I explained to her that itwas a political lawsuit. They wanted to get whatever they couldunder oath that was damaging to me."⁽⁸⁸⁵⁾

Ms. Lewinsky's friend, Catherine Allday Davis, testifiedabout a conversation with Ms. Lewinsky on January 3, 1998. Ms.Lewinsky told Ms. Davis that she had met with the President anddiscussed the Jones case a few days earlier. Ms. Davis testifiedthat Ms. Lewinsky and the President had "noted [that] there wasno 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'sWatergate apartment and collected a box containing thePresident's gifts. Ms. Currie then took the box home and hid itunder her bed. Ms. Lewinsky, Ms. Currie, and the President wereall questioned as to why Ms. Currie retrieved the box of giftsfrom Ms. Lewinsky.

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

Ms. Lewinsky was concerned because the gifts were undersubpoena; she did not throw them away, however, because "theymeant 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 "alittle bit of an assurance to the President . . . that everythingwas okay."⁽⁸⁹³⁾ She felt that, because the gifts were with Ms.Currie, they were within the President's control: "Not that [thegifts] were going to be in his possession, but that he wouldunderstand whatever it was I gave to Betty and that that mightmake him feel a little bit better."⁽⁸⁹⁴⁾

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

"Ms. L . . . asked if she should put away(outside her home) the gifts he had given heror, maybe, give them to someone else. Ms.Currie called Ms. L later that afternoon assaid 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 hadreceived and gave them to Ms. Currie. It isunknown if Ms. Currie knew the contents ofthe box."⁽⁸⁹⁵⁾

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

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

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

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

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

Q: Did you ever talk to the President and tell him you hadthis 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 thatMs. Currie had in fact spoken to the President about the gifttransfer would be false, Ms. Currie replied: "Then she mayremember better than I. I don't remember."⁽⁸⁹⁸⁾

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

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

The President testified that he has no distinct recollectionof discussing the gifts with Ms. Lewinsky on December 28: "[M]ymemory is that on some day in December, and I'm sorry I don'tremember when it was, she said, well, what if they ask me aboutthe gifts you have given me. And I said, well, if you get arequest to produce those, you have to give them whatever youhave."⁽⁹⁰⁵⁾

D. December 31: Breakfast with Vernon Jordan

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

The following day, Ms. Lewinsky and Mr. Jordan had breakfasttogether at the Park Hyatt Hotel.⁽⁹⁰⁸⁾ According to Ms. Lewinsky,she told Mr. Jordan that a friend of hers, Linda Tripp, wasinvolved in the Jones case. She told Mr. Jordan: "I used totrust [Ms. Tripp], but I didn't trust her any more."⁽⁹⁰⁹⁾ Ms.Lewinsky said that Ms. Tripp might have seen some notes in herapartment. 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 makesure they're not there." Ms. Lewinsky testified that sheunderstood that Mr. Jordan was advising her to "throw . . . away"any copies or drafts of notes that she had sent to thePresident.⁽⁹¹⁰⁾

After breakfast, Mr. Jordan gave Ms. Lewinsky a ride back tohis office.⁽⁹¹¹⁾ When Ms. Lewinsky returned home to her apartmentthat day, she discarded approximately 50 draft notes to thePresident.⁽⁹¹²⁾

E. January 4: The Final Gift

On Sunday, January 4, 1998, Ms. Lewinsky called Ms. Currieat home and told her that she wanted to drop off a gift for thePresident.⁽⁹¹³⁾ Ms. Currie invited Ms. Lewinsky to her home, andMs. Lewinsky gave her the package.⁽⁹¹⁴⁾ The package contained abook entitled The Presidents of the United States and a love noteinspired 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 herdeposition. She spoke with the President that evening. OnJanuary 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 interviewwent poorly, Mr. Jordan placed a phone call to the company'schairman on her behalf, and Ms. Lewinsky was given a secondinterview. The following week, after Ms. Lewinsky toldMs. 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 metwith Mr. Carter at his office for approximately one hour.⁽⁹¹⁶⁾

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

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

B. January 5: Call from the President

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

A few hours later, according to Ms. Lewinsky, the Presidentreturned her call.⁽⁹²²⁾ She mentioned an affidavit she would besigning and asked if he wanted to see it. According to Ms.Lewinsky, the President responded that he did not, as he hadalready seen about fifteen others.⁽⁹²³⁾ Ms. Lewinsky testified thatshe told the President that she was troubled by potentialquestions about her transfer from the White House to thePentagon. She was concerned that "people at the White House whodidn't like [her]" might contradict her and "get [her] introuble."⁽⁹²⁴⁾ The President, according to Ms. Lewinsky, advisedher: "[Y]ou could always say that the people in LegislativeAffairs got it [the Pentagon job] for you or helped you getit."⁽⁹²⁵⁾

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

According to Ms. Lewinsky, she and the President alsobriefly discussed an antique book that she had dropped off withMs. Currie the day before. With the book, she enclosed a lettertelling the President that she wanted to have sexual intercoursewith him at least once.⁽⁹²⁸⁾ In their phone conversation, Ms.Lewinsky told the President, "I shouldn't have written some ofthose things in the note."⁽⁹²⁹⁾ She testified that the Presidentagreed.⁽⁹³⁰⁾

Although the President had testified in the Jones case thatany 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 theirintimate relationship ended.⁽⁹³¹⁾ The President testified that hecautioned Ms. Lewinsky about such messages: "I remember tellingher she should be careful what she wrote, because a lot of it wasclearly inappropriate and would be embarrassing if somebody elseread it. I don't remember when I said that. I don't rememberwhether it was in '96 or when it was."⁽⁹³²⁾ The President didremember the antique book Ms. Lewinsky had given him, but said hedid 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 ofthe affidavit.⁽⁹³⁴⁾ Later that day, according to Ms. Lewinsky, sheand Mr. Jordan discussed the draft by telephone.⁽⁹³⁶⁾ Ms. Lewinskytestified that having Mr. Jordan review the affidavit was likegetting it "blessed" by the President.⁽⁹³⁷⁾ Ms. Lewinsky testifiedthat she told Mr. Jordan that she was worried about a sentencethat implied that she had been alone with the President and thusmight incline Paula Jones's attorneys to question her.⁽⁹³⁸⁾ Sheeventually deleted it.⁽⁹³⁹⁾

In addition, Paragraph 8 of the draft affidavit provided inpart:

I have never had a sexual relationship withthe President. . . . The occasions that Isaw the President, with crowds of otherpeople, after I left my employment at theWhite House in April, 1996 related toofficial receptions, formal functions orevents related to the U.S. Department ofDefense, where I was working at the time.⁽⁹⁴¹⁾

Deeming the reference to "crowds" "too far out of the realm ofpossibility,"⁽⁹⁴²⁾ Ms. Lewinsky deleted the underscored phrase andwrote 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 generalanxiety about Paragraph 8, with Mr. Jordan.⁽⁹⁴⁴⁾

When questioned in the grand jury, Mr. Jordan acknowledgedthat 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 anumber of contacts with Ms. Lewinsky, the President, and Mr.Carter. Less than thirty minutes after Mr. Jordan spoke by phoneto Ms. Lewinsky, he talked with the President for thirteenminutes. Immediately after this call, at 4:33 p.m., Mr. Jordancalled Mr. Carter. Less than an hour later, Mr. Jordan placed afour-minute call to the main White House number. Over the courseof 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 andhis litigation strategy for her.⁽⁹⁴⁸⁾ In fact, Mr. Carter billedMs. Lewinsky for time for "[t]elephone conference with AttyJordan."⁽⁹⁴⁹⁾

When questioned in the grand jury, Mr. Jordan testified thathe could not specifically remember the January 6 calls. He saidhe "assumed" that he talked with Ms. Lewinsky about her jobsearch, and he believed that he called Mr. Carter to see "how hewas dealing with this highly emotional lady."⁽⁹⁵⁰⁾ He said that hemight have talked with the President about Ms. Lewinsky, but hemaintained that "there [was] no connection" between his 13-minuteconversation with the President and the call he placedimmediately thereafter to Mr. Carter.⁽⁹⁵¹⁾

D. January 7: Ms. Lewinsky Signs Affidavit

Ms. Lewinsky set an appointment with Mr. Carter to finalizethe affidavit for 10 a.m. on January 7, 1998.⁽⁹⁵²⁾ She signed theaffidavit; however, she acknowledged in the grand jury thatstatements in it were false.⁽⁹⁵³⁾ Mr. Carter indicated to her thathe "intend[ed] to hold onto this until after I talk toplaintiff'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 onJanuary 7 and showed him the signed affidavit.⁽⁹⁵⁷⁾ Over the courseof the day, Mr. Jordan placed three calls of significant durationto the White House.⁽⁹⁵⁸⁾ He testified: "I knew the President wasconcerned about the affidavit and whether it was signed ornot."⁽⁹⁵⁹⁾ When asked whether the President understood that theaffidavit denied a sexual relationship, Mr. Jordan testified: "Ithink that's a reasonable assumption."⁽⁹⁶⁰⁾ According to Mr.Jordan, when he informed the President that Ms. Lewinsky hadsigned the affidavit, the President said, "Fine, good."⁽⁹⁶¹⁾ Mr.Jordan said he was continuing to work on her job, and thePresident responded, "Good."⁽⁹⁶²⁾

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

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

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

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

I knew at some point that she had told himthat she needed some help, because she hadgotten a subpoena. I'm not sure I knowwhether she did that in a meeting or a phonecall. And I was not, I was not focused onthat. I know that, I know Vernon helped herget a lawyer, Mr. Carter. And I, I believethat he did it after she had called him, butI'm not sure. But I knew that the mainsource of their meetings was about her moveto 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 VicePresident 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 MFHopening.⁽⁹⁶⁷⁾ He told her that he would pass on her resume toRevlon, an MFH company.⁽⁹⁶⁸⁾ Ms. Lewinsky called Mr. Jordan andreported that she felt that the interview had gone "verypoorly."⁽⁹⁶⁹⁾ Mr. Jordan indicated in response that "he'd call thechairman."⁽⁹⁷⁰⁾

At 4:54 p.m., Mr. Jordan called Ronald Perelman, chairmanand chief executive officer of MFH.⁽⁹⁷¹⁾ Mr. Jordan told the grandjury 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 learninginstitutions and people, and, in that process, I have learned howto make things happen. And the call to Ronald Perelman was acall to make things happen, if they could happen."⁽⁹⁷³⁾

According to Mr. Perelman, Mr. Jordan spoke of "this brightyoung girl, who I think is terrific," and said that he wanted "tomake sure somebody takes a look at her."⁽⁹⁷⁷⁾ Mr. Perelmantestified that, in the roughly twelve years that Mr. Jordan hadbeen on Revlon's Board of Directors, he did not recall Mr. Jordanever 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 youout."⁽⁹⁸²⁾ Ms. Lewinsky soon received a call from Revlon, invitingher to another interview.⁽⁹⁸⁴⁾

Over the course of January 8, Mr. Jordan placed three callsto the White House -- twice to a number at the White HouseCounsel's Office, once to the main White House number.⁽⁹⁸⁵⁾ As tothe Counsel's Office calls, Mr. Jordan speculated that he wastrying to reach Cheryl Mills, Deputy White House Counsel, toexpress his "frustration" about Ms. Lewinsky.⁽⁹⁸⁶⁾ According to Mr.Jordan, Ms. Mills knew who Ms. Lewinsky was: "[T]hat was nosecret, I don't think, around the White House, that I was helpingMonica Lewinsky."⁽⁹⁸⁷⁾

F. January 9: "Mission Accomplished"

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

Ms. Lewinsky then called Mr. Jordan and relayed the goodnews.⁽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 joband we have a seven-minute conversation and the day before I hadtalked to the chairman [Ronald Perelman], I have to assume theJordan magic worked."⁽⁹⁹¹⁾

According to Mr. Jordan, he believed that he notified Ms.Currie and the President as soon as he learned that Ms. Lewinskyhad obtained an offer: "I am certain that at some point in timeI told Betty Currie, 'Mission accomplished.'"⁽⁹⁹²⁾ Mr. Jordantestified that he also told the President directly that, "'MonicaLewinsky'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 theJones case to discuss pre-trial issues, including the President'supcoming deposition.⁽⁹⁹⁴⁾ At that hearing, Judge Wright requiredMs. Jones's counsel to list all the witnesses that they plannedto call at trial. Ms. Jones's witness list named many women,among them Ms. Lewinsky, to support her theory that the Presidenthad a pattern of rewarding women based on their willingness toengage in sexual relations with him. At the hearing, JudgeWright indicated that she would permit Ms. Jones to call aswitnesses 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 ofCorporate Staffing of Revlon, called Ms. Lewinsky and formallyextended 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 positionsnormally stay open, yes. This was pretty fast."⁽⁹⁹⁵⁾ Ms. Sheldontold Ms. Lewinsky that she needed to send her some references.⁽⁹⁹⁶⁾

According to Ms. Lewinsky, she then called Ms. Curriebecause she was "concerned that if I put [Mr. Hilley] down as areference, he might not say flattering things about me."⁽⁹⁹⁷⁾ At11:11 a.m. on January 13, Ms. Currie paged Ms. Lewinsky and leftthe following message: "Will know something this afternoon. Kay."⁽⁹⁹⁸⁾

That day, January 13, the President talked with Chief ofStaff Erskine Bowles about a reference for Ms. Lewinsky.⁽⁹⁹⁹⁾ ThePresident told Mr. Bowles that Ms. Lewinsky "had found a job inthe . . . private sector, and she had listed John Hilley as areference, 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 jobperformance.⁽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 arecommendation.⁽¹⁰⁰²⁾ It would be a generic letter, simplyconfirming the dates of employment, because of the less thanfavorable circumstances surrounding Ms. Lewinsky's departure fromthe White House.⁽¹⁰⁰³⁾

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

The President was asked in the grand jury whether he everspoke to Mr. Bowles about obtaining a reference from Mr. Hilleyfor Ms. Lewinsky. He testified that he did, at Ms. Lewinsky'srequest, although he thought he had done so earlier than January13 or 14.⁽¹⁰⁰⁷⁾

I. January 13: Final Jordan Meeting

According to Ms. Lewinsky, on Tuesday, January 13, shestopped by Mr. Jordan's office to drop off some thank-you giftsfor helping her find a job. Ms. Lewinsky offered to show him acopy of her signed affidavit in the Jones case, but he indicatedthat 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. Lewinskytold Linda Tripp: "This is what my lawyer taught me. You reallydon't -- you don't very often say 'no' unless you really need to. The best is, 'Well, not that I recall, not that I reallyremember. Might have, but I don't really remember.'"⁽¹⁰⁰⁹⁾ Ms.Lewinsky said that, if asked in a deposition, "Were you everalone with the President?" she could say, "Um, it's possible Imay have taken a letter on the weekend, but, you know -- I mighthave, 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, Idon'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 explainthis. 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 saidto him, "Is Monica lying under oath," he would say yes. Butwhen he on his own thinks about it, he doesn't think aboutit 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 beingsafe, it's good for everybody."⁽¹⁰¹¹⁾

On January 14, Ms. Lewinsky gave Ms. Tripp a three-pagedocument 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 byconversations 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 MichaelIsikoff of Newsweek, who inquired about courier receiptsreflecting items sent by Ms. Lewinsky to the White House.⁽¹⁰¹⁴⁾

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

Mr. Jordan confirmed in the grand jury that Ms. Currieexpressed concern about a call from Mr. Isikoff.⁽¹⁰¹⁸⁾ He invitedher to his office but advised her to "talk to Mike McCurry andBruce 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 persuadeMs. Tripp to lie by telling her that others planned to lie: "I'mnot concerned all that much anymore because I'm not going to getin 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," referringto the President.⁽¹⁰²⁰⁾ Ms. Lewinsky stated that she did not thinkthe President would "slip up" at his deposition because she wasnot a "big issue" like Gennifer Flowers and Paula Jones. Incontrast, she regarded herself as nothing more than "rumor andinnuendo."⁽¹⁰²¹⁾

One of Ms. Lewinsky's friends, Natalie Ungvari, testifiedthat, when Ms. Lewinsky was implicated in the Jones case, "itseemed to me that Monica was just confident everybody would saythe right thing, that everything would be orchestrated to comeout 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'sdocument requests.⁽¹⁰²³⁾ One of the requests specifically sought alldocuments reflecting communications between the President andMonica Lewinsky.⁽¹⁰²⁴⁾ President Clinton objected to the scope ofthis request, but, notwithstanding his objection, he stated thathe did not have any responsive documents.

Also on January 15, Mr. Carter drafted a motion to quash thesubpoena issued by Paula Jones's attorneys to Ms. Lewinsky. Attached to the motion was Ms. Lewinsky's signed affidavit.⁽¹⁰²⁵⁾ Atthe request of Katherine Sexton, one of the President's personalattorneys, Mr. Carter faxed a copy of the affidavit to her lawoffices. Mr. Carter testified that he asked Ms. Sexton why sheneeded the affidavit that day:

I said, "Well, Katie, you're going to get ittomorrow because I'm filing it, and it'sgoing to be attached as an exhibit to themotion." She said, "Well, but you've alreadyprovided it to the other side, so can I get acopy" -- words to that effect. I said, "Ihave no problem." And so I faxed it toher.⁽¹⁰²⁶⁾

On January 16, 1998, Mr. Carter arranged for the overnightdelivery of the motion to quash and the accompanying affidavit toJudge Susan Webber Wright's law clerk and Paula Jones'sattorneys.⁽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 Jonescase. In sworn testimony, the President denied having a sexualaffair or sexual relations with her. That evening, the Presidentcalled Ms. Currie and asked her to meet him the following day todiscuss Ms. Lewinsky. After allegations that the President hadan affair with a White House intern became public, the Presidentemphatically denied the reports to aides and to the Americanpublic.

A. January 17: The Deposition

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

Prior to any questions, Judge Wright reminded the partiesabout 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. Thisincludes the questions that were asked, . . . You mayacknowledge 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 personengages in "sexual relations" when the personknowingly engages in or causes . . . contactwith the genitalia, anus, groin, breast,inner thigh, or buttocks of any person withan intent to arouse or gratify the sexualdesire of any person . . . . "Contact" meansintentional touching, either directly orthrough clothing.⁽¹⁰³¹⁾

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

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

President Clinton recalled that he received only a couple ofunremarkable personal messages from Ms. Lewinsky, and he couldnot recall ever having received a cassette tape from her.⁽¹⁰³⁸⁾ Hereceived presents from her "[o]nce or twice" -- a book or two anda tie.⁽¹⁰³⁹⁾ The President originally testified that he could notrecall any gifts he might have given her; later in thedeposition, however, he remembered that some merchandise he hadpurchased from a Martha's Vineyard restaurant might have reachedher through Ms. Currie.⁽¹⁰⁴⁰⁾ The President stated that he mighthave given Ms. Lewinsky a hat pin, though he could not recall forcertain.⁽¹⁰⁴¹⁾

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

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

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

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

Sometime after the President's deposition, Mr. Podesta sawBruce Lindsey, Deputy White House Counsel, at the White House andinquired how the deposition went. According to Mr. Podesta, Mr.Lindsey said that the President had been asked about MonicaLewinsky.⁽¹⁰⁴⁷⁾ Mr. Lindsey testified that, during a break in thePresident's deposition, the President had told him thatMs. Lewinsky's name had come up.⁽¹⁰⁴⁸⁾

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

B. The President Meets with Ms. Currie

Soon after the deposition, the President called Ms. Currieand asked her to come to the White House the next day.⁽¹⁰⁵⁰⁾ Ms.Currie acknowledged that, "It's rare for [the President] to askme 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 herdesk outside the Oval Office. According to Ms. Currie, thePresident appeared "concerned."⁽¹⁰⁵⁴⁾ He told Ms. Currie that,during his deposition the previous day, he had been askedquestions about Monica Lewinsky.⁽¹⁰⁵⁵⁾ Ms. Currie testified: "Ithink he said, 'There are several things you may want toknow.'"⁽¹⁰⁵⁶⁾ He proceeded to make a series of statements,⁽¹⁰⁵⁷⁾ oneright 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 nevertouched her, right?"
• "You can see and hear everything, right?"⁽¹⁰⁵⁹⁾

Ms. Currie testified that, based on his demeanor and the way hemade the statements, the President wanted her to agree withthem.⁽¹⁰⁶⁰⁾

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

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

Ms. Currie explained that she did not consider the President andMs. Lewinsky to be "alone" on such occasions because she was ather desk outside the Oval Office; accordingly, they were alltogether 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. Currietestified that she "would have no reason to know" whether Ms.Lewinsky ever "came on" to the President because Ms. Currie wasnot present all the time.⁽¹⁰⁶⁸⁾ Finally, as to whether she "couldsee and hear everything," Ms. Currie testified that she shouldnot have agreed with the President.⁽¹⁰⁶⁹⁾ She testified that whenthe 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 theirJanuary 18, 1998 meeting, according to Ms. Currie: "[MonicaLewinsky] wanted to have sex with me, but I told her I couldn'tdo that."⁽¹⁰⁷¹⁾

When the President was questioned about this meeting withMs. Currie in the grand jury, he testified that he recalled theconversation, but he denied that he was "trying to get BettyCurrie to say something that was untruthful."⁽¹⁰⁷²⁾ Rather, thePresident testified that he asked a "series of questions" in aneffort to quickly "refresh [his] memory."⁽¹⁰⁷³⁾ The Presidentexplained: "I wanted to establish . . . that Betty was there atall other times in the complex, and I wanted to know what Betty'smemory was about what she heard, what she could hear . . . . [a]nd I was trying to figure [it] out . . . in a hurry because Iknew something was up."⁽¹⁰⁷⁴⁾

In his grand jury testimony, the President acknowledgedthat, "in fairness," Ms. Currie "may have felt some ambivalenceabout how to react" to his statements.⁽¹⁰⁷⁵⁾ The Presidentmaintained that he was trying to establish that Ms. Currie was"always there," and could see and hear everything.⁽¹⁰⁷⁶⁾ At the sametime, 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 todo 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" toinclude the entire Oval Office complex.⁽¹⁰⁷⁹⁾ The President furtherexplained, "I was talking about 1997. I was never, ever tryingto get Betty Currie to claim that on the occasions when MonicaLewinsky was there when she wasn't anywhere around, that shewas."⁽¹⁰⁸⁰⁾ When asked whether he restricted his remarks to the year1997, the President responded, "Well, I don't recall whether Idid or not, but . . . I assumed [Ms. Currie] knew what I wastalking 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 theability to hear what was going on if she camein the Oval Office from her office. And alot of times, you know, when I was in theOval Office, she just had the door open toher office. Then there was -- the door wasnever completely closed to the hall. So, Ithink there was -- I'm not entirely sure whatI meant by that, but I could have meant thatshe generally would be able to hearconversations, 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 Presidentrefused to answer.⁽¹⁰⁸³⁾

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

In the wake of her Sunday afternoon session, Ms. Curriepaged Ms. Lewinsky four times.⁽¹⁰⁸⁴⁾ She testified that thePresident "may have asked me to call [Ms. Lewinsky] to see whatshe knew or where she was or what was happening."⁽¹⁰⁸⁵⁾ Later thatevening, at 11:02 p.m., the President called Ms. Currie to askwhether 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 withthe President to let him know that she was unable to reach Ms.Lewinsky, Ms. Currie again paged her.⁽¹⁰⁹¹⁾ The purpose of thesecalls, according to Ms. Currie, was to tell Ms. Lewinsky that hername had been mentioned in the President's deposition.⁽¹⁰⁹²⁾

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

D. January 20-22: Lewinsky Story Breaks

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

1. "Clinton Accused"

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

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

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

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

A few hours later, at approximately 6:30 a.m., the Presidentcalled 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. to7:22 a.m., the President spoke again with Mr. Lindsey.⁽¹¹⁰⁷⁾

Responding to the Post story that day, the White Houseissued 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 thePresident to make sure that it reflected what he wanted me to say. . . He looked at it, and he said fine. . . . It was preparedin consultation between the lawyers and the President. TheCounsel's Office gave it to me. I wanted to, of course, verifythat that's exactly what the President wanted me to say."⁽¹¹⁰⁸⁾

2. Denials to Aides

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

The President met with Chief of Staff Erskine Bowles, alongwith his two deputies, John Podesta and Sylvia Matthews. According to Mr. Bowles, the President told them, "I want you toknow I did not have sexual relationships with this woman, MonicaLewinsky. I did not ask anybody to lie. And when the facts comeout, you'll understand."⁽¹¹¹⁰⁾ The President made a similar denialthat morning to Harold Ickes, his former Deputy Chief of Staff.⁽¹¹¹¹⁾ The President also discussed the matter with Ms. Currie fora second time.⁽¹¹¹²⁾ According to Ms. Currie, the President calledher into the Oval Office and gave a "sort of a recapitulation ofwhat we had talked about on Sunday -- you know, 'I was neveralone with her' -- that sort of thing."⁽¹¹¹³⁾ The President spokewith the same tone and demeanor that he used during his previoussession with her.⁽¹¹¹⁴⁾ Ms. Currie testified that the President mayhave mentioned that she might be asked about Ms. Lewinsky.⁽¹¹¹⁵⁾

Later that day, the President summoned Sidney Blumenthal tothe Oval Office. They spoke for about 30 minutes.⁽¹¹¹⁶⁾ ThePresident said to Mr. Blumenthal, "I haven't done anythingwrong."⁽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 alsotold Mr. Blumenthal that Ms. Lewinsky had "threatened him. Shesaid that she would tell people they'd had an affair, that shewas known as the stalker among her peers, and that she hated itand if she had an affair or said she had an affair then shewouldn't be the stalker any more."⁽¹¹²⁰⁾ Mr. Blumenthal then askedthe President whether he and Ms. Lewinsky were alone when shethreatened him. The President responded, "Well, I was withineyesight or earshot of someone."⁽¹¹²¹⁾

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

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

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

The President was asked during his grand jury appearancewhether 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⁾ ThePresident did not recall specific details but did remember thefollowing:

I met with certain people, and [to] a few ofthem I said I didn't have sex with MonicaLewinsky, or I didn't have an affair with heror something like that. I had a very carefulthing I said, and I tried not to say anythingelse . . . . I remember that I issued anumber of denials to people that I thoughtneeded to hear them, but I tried to becareful and to be accurate.

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

The President testified that he had said "things that weretrue about this relationship. That I used -- in the language Iused, I said, there's nothing going on between us. That wastrue.⁽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'msorry."⁽¹¹³⁰⁾

3. Initial Denials to the American Public

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

Q: Mr. President, . . . . [m]any Americans woke up to thenews today that the Whitewater independent counsel isinvestigating an allegation that you . . . encouraged ayoung woman to lie to lawyers in the Paula Jones civilsuit. 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 affairbetween you and the young woman?

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

That evening, the President appeared on the PBS program "TheNews Hour with Jim Lehrer." He was asked again whether theallegation of an affair with a White House intern was true. ThePresident replied, "That is not true. That is not true. I didnot ask anyone to tell anything other than the truth. There isno improper relationship. And I intend to cooperate with thisinquiry. But that is not true." When asked to define what hemeant by the term "improper relationship," the Presidentanswered, "Well, I think you know what it means. It means thatthere is not a sexual relationship, an improper sexualrelationship, or any other kind of improper relationship."⁽¹¹³²⁾

The following morning, on January 22, 1998, the Presidentagain denied he had done anything improper. Speaking at atelevised White House photo opportunity with PalestinianAuthority Chairman Yasser Arafat, the President stated: "[T]heallegations are false, and I would never ask anybody to doanything 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 thinkthat's important enough to say. . . . But let me answer -- it isnot 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 wouldcooperate fully with the investigation. On NPR, the Presidentstated: "I have told people that I would cooperate in theinvestigation, and I expect to cooperate with it. I don't knowany 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 cooperatehere, but we don't know much yet. . . . I think it's importantthat we cooperate, I will cooperate, but I want to focus on thework at hand."⁽¹¹³⁶⁾

In his photo opportunity with Mr. Arafat, the Presidentstated:

[T]he American people have a right to getanswers. We are working very hard to comply,get all the requests for information up here. And we will give you as many answers as wecan, as soon as we can, at the appropriatetime, consistent with our obligation to alsocooperate with the investigations. Andthat's not a dodge; that's really what I've -- I've talked with our people. I want to dothat. I'd like for you to have more ratherthan less, sooner rather than later. So wewill work through it as quickly as we can andget 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'llcooperate."⁽¹¹³⁸⁾

4. "We Just Have To Win"

Amidst the flurry of press activity on January 21, 1998, thePresident's former political consultant, Dick Morris, read thePost story and called the President.⁽¹¹³⁹⁾ According to Mr. Morris,he told the President, "You poor son of a bitch. I've just readwhat's going on."⁽¹¹⁴⁰⁾ The President responded, Mr. Morrisrecalled, "Oh, God. This is just awful. . . . I didn't do whatthey 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 myinnocence. . . . 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 greatcapacity for forgiveness in this country and you should considertapping into it."⁽¹¹⁴³⁾ The President said, "But what about thelegal thing? You know, the legal thing? You know, Starr andperjury and all. . . . You know, ever since the election, I'vetried to shut myself down. I've tried to shut my body down,sexually, I mean. . . . But sometimes I slipped up and with thisgirl I just slipped up."⁽¹¹⁴⁴⁾

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

Mr. Morris telephoned the President later that evening withthe poll results, which showed that the voters were "willing toforgive [the President] for adultery, but not for perjury orobstruction of justice[.]"⁽¹¹⁴⁶⁾ When Mr. Morris explained that thepoll results suggested that the President should not go publicwith a confession or explanation, he replied, "Well, we just haveto win, then."⁽¹¹⁴⁷⁾

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

Meanwhile, in California, the President's good friend andHollywood producer, Harry Thomason, had seen the President'sinterview with Jim Lehrer on televison.⁽¹¹⁵⁰⁾ Mr. Thomason, who hadoccasionally advised the President on matters relating to themedia, traveled to Washington, D.C., and met with him the nextday.⁽¹¹⁵¹⁾ Mr. Thomason told the President that "the press seemed tobe saying that [the President's comments were] weak" and that he,Mr. Thomason, "thought his response wasn't as strong as it couldhave been."⁽¹¹⁵²⁾ Mr. Thomason recommended that the President"should explain it so there's no doubt in anybody's mind thatnothing happened."⁽¹¹⁵³⁾ The President agreed: "You know, you'reright. 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, thePresident started a Cabinet meeting by saying the allegationswere untrue.⁽¹¹⁵⁵⁾ Afterward, several Cabinet members appearedoutside 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," CommerceSecretary William Daley said. Secretary of Education RichardRiley and Secretary of Health and Human Services Donna Shalalaconcurred.⁽¹¹⁵⁶⁾

The next day, Ann Lewis, White House CommunicationsDirector, publicly announced that "those of us who have wanted togo out and speak on behalf of the president" had been given thegreen light by the President's legal team.⁽¹¹⁵⁷⁾ She reported thatthe President answered the allegations "directly" by denying anyimproper relationship. She believed that, in issuing his publicdenials, the President was not "splitting hairs, defining what isa sexual relationship, talking about 'is' rather than was.⁽¹¹⁵⁸⁾ Youknow, I always thought, perhaps I was naive, since I've come toWashington, when you said a sexual relationship, everybody knewwhat that meant." Ms. Lewis expressly said that the termincludes "oral sex."⁽¹¹⁵⁹⁾

* * *

On Monday, January 26, 1998, in remarks in the RooseveltRoom in the White House, President Clinton gave his last publicstatement for several months on the Lewinsky matter. At an eventpromoting after-school health care, the President denied theallegations in the strongest terms: "I want to say one thing tothe American people. I want you to listen to me. I'm going tosay 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 (photoof 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; OICletter 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 Laboratoryperformed polymerase chain reaction analysis (PCR) andrestriction 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 withthis Office, Ms. Lewinsky provided a 10-page handwritten profferstatement summarizing her dealings with the President and othermatters under investigation. Lewinsky 2/1/98 Statement. Ms.Lewinsky later confirmed the accuracy of the statement in grandjury testimony. Lewinsky 8/20/98 GJ at 62-63. The negotiationsin January and February 1998 (which produced the written proffer)did not result in a cooperation agreement because Ms. Lewinskydeclined to submit to a face-to-face proffer interview, which theOIC deemed essential because of her perjurious Jones affidavit,her efforts to persuade Linda Tripp to commit perjury, herassertion in a recorded conversation that she had been brought upto regard lying as necessary, and her forgery of a letter whilein college. In July 1998, Ms. Lewinsky agreed to submit to aface-to-face interview, and the parties were able to reach anagreement.

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 at82; Lewinsky 8/24/98 Int. at 8.

13. Ms. Tripp testified that she took notes on twooccasions. 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 (whovoluntarily 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. Kassorlacautioned her patient that workplace romances are generally ill-advised. Id. at 2.

15. Kassorla 8/28/98 Int. at 2, 4. Ms. Lewinsky alsoconsulted another counselor, Kathleen Estep, three times inNovember 1996. While diagnosing Ms. Lewinsky as suffering fromdepression 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 Davis3/17/98 GJ at 73; Erbland 2/12/98 GJ at 25 ("I never had anyreason to think she would lie to me. I never knew of her to lieto me before and we talked about our boyfriends and, you know,sexual relationships throughout our friendship and I never knewher as a liar."); Finerman 3/18/98 Depo. at 113-16(characterizing Ms. Lewinsky as trustworthy and honest); Raines1/29/98 GJ at 87 ("I have no reason to believe that [Ms.Lewinsky's statements] were lies or made up."); Tripp 7/29/98 GJat 187 ("There were so many reasons why I believed her. She justhad way too much detail. She had detail that none of us couldreally conceivably have if you had not been exposed in asituation 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; Young6/23/98 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 Tripp6/30/98 GJ at 141-42 (Ms. Lewinsky "had a photographic memory forthe entire relationship").

19. Clinton 1/17/98 Depo. at 78, 204. The transcript ofthis deposition testimony appears in Document Supp. A. Forreasons of privacy, the OIC has redacted the names of three womenfrom the transcript. The OIC will provide an unredactedtranscript 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 asexual relationship with Ms. Lewinsky, the President testifiedthat he could not recall many details of their encounters. Hesaid he could not specifically remember whether he had ever beenalone with Ms. Lewinsky, or any of their in-person conversations,or any notes or messages she had sent him, or an audiocassetteshe had sent him, or any specific gifts he had given her. Alonetogether: 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 referredto a December encounter when, he said, Ms. Lewinsky had beenvisiting his secretary and he had "stuck [his] head out" to sayhello. Id. at 68. He did not mention a private meeting with Ms.Lewinsky on December 28, 1997, or a telephone conversation withher 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 federalcriminal statute, 18 U.S.C. § 2246(3). The ellipsis in thequotation omits two paragraphs of the definition that JudgeWright ruled inapplicable. Clinton 1/17/98 Depo. at 21-22. ThePresident testified that he considered the definition "ratherstrange," and at one point he spoke of "people being drawn into alawsuit and being given definitions, and then a great effort totrick them in some way." Clinton 8/17/98 GJ at 19, 22. Heacknowledged, however, that the definition "was the one the Judgedecided 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. ThePresident did not always specify that the contact had to bedirect. Id. at 15 ("[m]y understanding of the definition is itcovers contact by the person being deposed with the enumeratedareas, if the contact is done with an intent to arouse orgratify"); id. at 16 (definition covers "[a]ny contact with theareas there mentioned").

35. Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7. These numbersinclude occasions when one or both of them had direct contactwith the other's genitals, but not occasions when they merelykissed. On the timing of some of their sexual encounters, Ms.Lewinsky's testimony is at odds with the President's. Accordingto Ms. Lewinsky, she and the President had three sexualencounters in 1995 (the President said he recalled none) and twosexual 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. at6; Clinton 8/17/98 GJ at 9-10. The President's account omits thetwo 1995 encounters when Ms. Lewinsky was an intern (as well asone 1995 encounter when she worked on the White House staff), andit treats the 1997 encounter that produced the semen-staineddress 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; CatherineDavis 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; Raines1/29/98 GJ at 32-33; Tripp 7/2/98 GJ at 54, 101; Tripp 7/7/98 GJat 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 Statementat 1. See also Andrew Bleiler 1/28/98 Int. at 3; Catherine Davis3/17/98 GJ at 21; Kassorla 8/28/98 Int. at 2; Tripp 7/2/98 GJ at100, 104-107; Ungvari 3/19/98 GJ at 23.

39. Lewinsky 8/6/98 GJ at 19; Catherine Davis 3/17/98 GJ at20; Erbland 2/12/98 GJ at 29, 44; Ungvari 3/19/98 GJ at 20; Young6/23/98 GJ at 37-38; but see Raines 1/29/98 GJ at 43 (testifyingthat she was "pretty sure" that Ms. Lewinsky spoke of reciprocaloral sex); Tripp GJ 7/2/98 at 101 (testifying that she understoodthat, on rare occasions, the President reciprocated).

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

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

42. Lewinsky 7/30/98 Int. at 5-13, 15-16; Lewinsky 8/6/98 GJat 19-21; Lewinsky 8/20/98 GJ at 31-32, 40, 67-69; Lewinsky8/26/98 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 at29, 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 developfollowing their sixth sexual encounter, when the President satdown and talked with her for about 45 minutes after she hadcomplained 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; Lewinsky8/6/98 GJ at 168. After the President's August 1998 speechacknowledging improper conduct with Ms. Lewinsky, she testifiedthat she was no longer certain of her feelings because, in herview, he had depicted their relationship as "a service contract,that all I did was perform oral sex on him and that that's allthat this relationship was. And it was a lot more than that tome . . . ." 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'shome computer); Catherine Davis 3/17/98 GJ at 147; Erbland2/12/98 GJ at 92.

46. Lewinsky 8/20/98 GJ at 52; T1 at 101. See also MarciaLewis 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 8/26/98Depo. at 56-57; Catherine Davis 3/17/98 GJ at 166-67. In late1997, Ms. Lewinsky asked Vernon Jordan whether he believed thatthe Clintons would remain married. Lewinsky 2/1/98 Statement at8; Jordan 3/3/98 GJ at 150.

54. Lewinsky 8/6/98 GJ at 17. See also Lewinsky 8/26/98Depo. 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 Davis3/17/98 GJ at 18; Finerman 3/18/98 Depo. 47-49; Raines 1/29/98 GJat 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 at38-39, 43; Finerman 3/18/98 Depo. at 26-29, 110, 116-17; RainesGJ at 51; Tripp 7/7/98 GJ at 62-63, 65-66; Ungvari 3/19/98 GJ at81.

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 GJat 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 byNicholson 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. Themessages, on tapes that Ms. Lewinsky turned over to the OIC, areas follows: "Aw, shucks." "Hey." "Come on. It's me." "SorryI missed you." Lewinsky 8/6/98 GJ at 22-23; Lewinsky 7/29/98Int. at 3, 5; Lewinsky 8/3/98 Int. at 6.

65. Lewinsky 8/6/98 GJ at 22-23; Catherine Davis 3/17/98 GJat 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 GJat 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 computerthat refers to President as "the Boss with whom we're allsmitten" and wishes him "Happy National Boss Day!").

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

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

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

77. Few of Ms. Lewinsky's subsequent gifts were logged. Ofthe roughly 30 gifts (including several antiques) that, in heraccount, she gave the President, White House records show onlythe matted poem from interns, two or three neckties (recordsconflict), 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 responseto a January 20, 1998, subpoena seeking "any and all gifts . . .to or from Monica Lewinsky . . . including

. . . any tie, mug, paperweight, book, or other article," thePresident turned over a necktie, two antique books, a mug, and asilver 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 aboutphone sex by Nicholson Baker that, according to Ms. Lewinsky, shegave the President in March 1997. Lewinsky 8/6/98 GJ at 183-84;Lewinsky 7/27/98 Int. at 13; Subpoena D1415. The President didnot produce Vox in response to either subpoena, though hisattorney 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 thePresident's private study, and Ms. Lewinsky saw it in the studyon November 13, 1997. 1361-DC-00000030; Lewinsky 8/6/98 GJ at183-84.

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 GJat 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. Forexample, one day after the President and Ms. Lewinsky talked bytelephone on February 7, 1996, and one day after they talked onAugust 4, 1996, he wore a necktie she had given him. Lewinsky8/5/98 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 anythingwritten in Ms. Lewinsky's notes or cards to him. He testified: "No. Sometimes, you know, just either small talk or happybirthday or sometimes, you know, a suggestion about how to getmore young people involved in some project I was working on. Nothing remarkable. I don't remember anything particular aboutit." Clinton 1/17/98 Depo. at 62.

89. Lewinsky 2/1/98 Statement at 10. See also Lewinsky8/20/98 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 at63-64.

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 7/27/98Int. at 9 (President assumed Ms. Lewinsky's Jones affidavit wouldbe 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 7/27/98Int. at 2, 11; Lewinsky 8/19/98 Int. at 4; Lewinsky 2/1/98Statement 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. at10.

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 Statementat 1.

104. Lewinsky 8/20/98 GJ at 105; Lewinsky 2/1/98 Statement at1.

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

106. Lewinsky 2/1/98 Statement at 4; Lewinsky 8/6/98 GJ at123, 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 notelaborate on his understanding of the words "ask[]" or "lie" inthat statement. In other exchanges, he indicated that heconstrues some words narrowly. Id. at 59 (accuracy of particularstatement "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. at134 ("it depends on how you define alone"); id. ("there were alot of times when we were alone, but I never really thought wewere").

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

111. Lewinsky 8/6/98 GJ at 18. See also Lewinsky 8/20/98 GJat 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 toavoid. 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 mostprivate rooms in the White House. Fox 2/17/98 GJ at 76. Seealso Chinery 7/23/98 GJ at 52; Currie 5/6/98 GJ at 67; Ferguson7/17/87 GJ at 32, 38; Maes 4/8/98 GJ at 89-90; Podesta 6/23/98 GJat 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 7/31/98Int. 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 Officewhen the President and Ms. Lewinsky were in or near the study,the door leading from the Oval Office to the hallway was slightlyajar. 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 thehallway. He responded: "[There] are, and they're always open." Clinton 1/17/98 Depo. at 59. In early 1998, in the course ofdenying any sexual relationship with Ms. Lewinsky, the Presidentrepeatedly told Deputy Chief of Staff John Podesta that "the doorwas open." Podesta 6/16/98 GJ at 88-89.

118. Lewinsky 8/6/98 GJ at 56. See also Lewinsky 7/31/98Int. 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 testifiedabout various steps she took on her own to ensure that therelationship remained secret, such as using different doors toenter and depart the Oval Office area, avoiding the President ata White House party, and referring to the President as "her" inpages 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 (toPresident's knowledge, Ms. Currie did not see intimate activitybetween President and Ms. Lewinsky); id. at 54 ("I'd have to bean 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 Lewinsky8/2/98 Int. at 3. The President was under a legal obligation toturn 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 conversationbetween Ms. Tripp and Ms. Lewinsky, recorded under FBI auspices. The other, T22, is a telephone conversation between Ms. Tripp andMs. Lewinsky, recorded by Ms. Tripp.

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

Ms. Tripp produced to the OIC 27 tapes (four of which provedinaudible or blank) of her telephone conversations with Ms.Lewinsky. Ms. Tripp testified that she turned over the originalrecordings. She testified that she knew nothing about anyduplications of the recordings, though others had access to orcontrol over the tapes at times before they were turned over. According to a preliminary FBI examination, several of the 23tapes containing audible conversations exhibit signs ofduplication, and one tape exhibiting signs of duplication wasproduced by a recorder that was stopped and restarted during therecording process. These preliminary results raise questionsabout the reliability and authenticity of at least one recording,which in turn raise questions about the accuracy of Ms. Tripp'stestimony regarding her handling of the tapes. The OIC iscontinuing to investigate this matter. This Referral does notquote 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. at90; 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 ofmine and a good friend of our administration." Clinton 1/17/98Depo. 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; Panetta1/28/98 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 AffairsOffice); 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 showingPresident 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 at15-17.

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; Panetta1/28/98 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; Raines1/29/98 GJ at 35-36; V006-DC-00003737 - 3744 (White House photosshowing 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 Presidentbegan during the November 1995 shutdown. Raines 1/29/98 GJ at38; Tripp 7/2/98 GJ at 38-39. To one friend, Ms. Lewinskyspecified 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 ofonly two times during Ms. Lewinsky's tenure at the White Housethat she exited after midnight. 827-DC-00000003 - 16. (Theother post-midnight exit was not during the furlough; it was thenight of December 6-7, 1995.) As the omission of Ms. Lewinsky'sNovember 15 afternoon exit time illustrates, White House Epassand WAVES records do not reflect all entries and exits of staffand 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'smovements sometimes vary by a few minutes. With occasionalexceptions, these logs do not distinguish the President's privatestudy 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 beganwith kissing. Catherine Davis 3/17/98 GJ at 19; Finerman 3/18/98Depo. 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. at9-10; 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. at7.

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

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

170. 1472-DC-00000006 - 08. Starting 11 minutes later, thePresident 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 7/30/98Int. 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 thePresident were alone together for about 30 seconds. Currie1/27/98 GJ at 33-34; Currie 5/14/98 GJ at 36-38. Ms. Hernreichtestified that when delivering food during the governmentshutdown, Ms. Lewinsky was alone with the President for two tofour minutes. Hernreich 2/26/98 GJ at 36-37. See also Hernreich2/25/98 GJ at 12-17. Other witnesses also remembered Ms.Lewinsky's pizza delivery during the furlough. Keating 2/25/98GJ at 31-32; Palmieri 2/24/98 GJ at 20, 53, 62. The Presidentand Ms. Lewinsky (as well as others) appear in eight White Housephotographs taken on November 17; in three of them, the Presidentis 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. at7.

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 Presidentkissed when she brought pizza, and that Ms. Lewinsky performedoral 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 therelationship with the President began at a pizza party. Estep8/23/98 Int. at 2.

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

184. 1472-DC-00000015 (phone logs). Ms. Lewinsky said thatthis probably was the name she heard on that date. Lewinsky8/11/98 Int. at 5. She testified that she could not recallwhether the President was on the telephone the whole time thatshe 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 onetelephone 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. at3-4; 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 Lewinsky7/30/98 Int. at 8.

194. Lewinsky 7/27/98 Int. at 3-4; Lewinsky 7/30/98 Int. at8.

195. Lewinsky 8/26/98 Depo. at 17. See also Finerman 3/18/98Depo. 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 havethought there was something improper in having a sexualrelationship 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 areincomplete.

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

204. Lewinsky 8/26/98 Depo. at 18. See also Lewinsky 7/30/98Int. 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-analcontact as well. Id.

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

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

213. Fox 2/17/98 GJ at 33. Although Mr. Fox believed thatthe incident occurred in late 1995, the totality of the evidencesuggests 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 thePresident and Ms. Lewinsky were alone. Fox 2/17/98 GJ 36-37. His sworn testimony on this point differs from the publicstatements of his attorney, who told reporters that Officer Foxdid 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. Lewinskywas in the White House, the President had a single phone call, at3:47 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 Lewinsky7/30/98 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 mayhave been occasioned by the President's one-minute phone call at3:47 p.m. 1506-DC-00000050 (phone logs).

230. Lewinsky 8/26/98 Depo. at 26-27. Ms. Lewinsky statedthat the Blairs from Arkansas were visiting the President. Lewinsky 7/30/98 Int. at 10. This is confirmed by a SecretService itinerary for January 21, 1996, where Diane Blair islisted as a houseguest. 1222-DC-00000024 (presidentialitinerary).

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 laterrecounted the episode to several others. Erbland 2/12/98 GJ at46-47; 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 7/30/98Int. at 11.

250. Garabito 7/30/98 GJ at 16-17, 23-24. According to acolleague, Agent Garabito is over six feet tall, slender, andHispanic. 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 laterrecounted the incident to Larry L. Cockell, the head of thePresidential Protective Division of the Secret Service. The OIClearned of the episode from Agent Cockell's testimony. Cockell7/23/98 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 8/26/98Depo. at 34; Tripp 7/7/98 GJ at 179-80. Ms. Lewinsky offered toreturn to the White House to see him, but the President said heneeded 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 32guests 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 (movementlogs).

268. 1506-DC-00000139 (phone logs).

269. 968-DC-00003459 (Hillary Clinton calendar). Mrs.Clinton returned that evening. 1506-DC-00000559 (White Housediary); 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. at12.

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 answerwhether Ms. Lewinsky would be lying if she said he had used acigar 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. at22-25; Byrne 6/25/98 Depo. at 23, 39-44, 55-62, 104-113; Byrne7/30/98 GJ at 8, 39-40; Hannie 4/6/98 Int. at 2-3; Keating2/25/98 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 GJat 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 LewisFox and Agent Nelson Garabito testified about admitting Ms.Lewinsky to the Oval Office on one occasion each, as recountedabove. 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 anotheroccasion, but he did not know how long she had been inside. Fox2/17/98 GJ at 43-46. Officer Gary Byrne also testified abouthaving 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; Byrne6/25/98 Depo. at 31.

289. Lewinsky 8/20/98 GJ at 10-11; Lewinsky 7/31/98 Int. at6.

290. Lieberman 1/30/98 GJ at 36-37. Ms. Lieberman testifiedthat she continued to disapprove of Ms. Lewinsky. When she sawMs. Lewinsky back in the White House after she no longer workedthere, Ms. Lieberman asked Ms. Currie, "What is she doing here?" She also may have said to Ms. Currie, who told Ms. Lewinsky thatshe could watch a presidential helicopter departure, "What areyou -- 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 GJat 143 (describing precautions taken "to protect the President'soffice and protect his integrity," including preventing Presidentfrom meeting alone with female acquaintances in circumstancesthat "could be misinterpreted").

296. Lewis 2/11/98 GJ at 37-40. See also T3 at 15; Lewinsky7/31/98 Int. at 7. Ms. Lieberman testified that the conversationoccurred in September 1997. Lieberman 1/30/98 GJ at 66. In herrecollection, the exchange began with Ms. Lewis coming up to herand saying, "You ruined [Ms. Lewinsky's] life on the basis ofsomething that she never did." According to Ms. Lieberman, shemade no response, and Ms. Lewis walked away. Later Ms. Lewisreturned and said that she understood what Ms. Lieberman had doneand 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; Keating2/25/98 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. Hilleytestified that "extracurricular activities" -- which applied toMs. Lewinsky and one of her colleagues who was also transferred

-- did not refer to anything sexual in nature. Hilley 5/19/98 GJat 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; Maes5/7/98 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 travelingto Oklahoma City on that day. V006-DC-00000694 (President'sschedule); 968-DC-00000841 (same).

305. Keating 2/25/98 GJ at 76. The Pentagon position had ahigher salary than Ms. Lewinsky's White House job. Lewinsky8/3/98 Int. at 5. Ms. Lewinsky's supervisor, Jocelyn Jolley, wasalso transferred that day. Keating 2/25/98 GJ at 76-79; Lewinsky8/6/98 GJ at 171. Unlike Ms. Lewinsky, Ms. Jolley was given ademotion: a temporary job at the General ServicesAdministration. Jolley 2/24/98 GJ at 36-39; Keating 2/25/98 GJat 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 at14-16; Verna 7/21/98 GJ at 21-23.

307. Lewinsky 8/6/98 GJ at 171. See also Lewinsky 8/3/98Int. at 3. Ms. Lewinsky testified that Mr. Keating led her tobelieve that she could probably return to work at the White Houseafter the election. Lewinsky 8/3/98 Int. at 4. Mr. Keatingtestified that he told her that if she performed well at thePentagon, "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 8/26/98Depo. 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 firstsaid he needed to get Evelyn Lieberman's authorization beforeadmitting Ms. Lewinsky to the Oval Office, but Ms. Lewinskytalked him out of it. Lewinsky 8/6/98 GJ at 91; Lewinsky 8/20/98GJ 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 8/26/98Depo. at 40; Lewinsky 7/30/98 Int. at 13; Erbland 2/12/98 GJ at37; Tripp 7/9/98 GJ at 31; 833-DC-00001070 (document recoveredfrom Ms. Lewinsky's computer referring to President's promise toarrange for her return); MSL-DC-00001052 (another recoveredcomputer file, saying in part: "You promised you would bring meback after the election with a snap of [your] fingers.");Lewinsky Statement 2/1/98 at 1 ("he promised to bring her back tothe WH after the election"); Tripp 7/9/98 GJ at 31, 37-38, 42.

316. In a recorded conversation, Ms. Lewinsky recounted partof this discussion:

[H]e said, "I promise you," you know, something like, "if Iwin in November, I'll have you back like that. You can doanything you want. You can be anything you want." And thenI made a joke and I said, "Well, can I be Assistant to thePresident 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 8/26/98Depo. at 43; Lewinsky 7/27/98 Int. at 5; Lewinsky 7/30/98 Int. at13. Ms. Lewinsky testified that she did not see Mr. Ickes butrecognized 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 7/30/98Int. at 11; Tripp 7/9/98 GJ at 30-36; 845-DC-00000012 - 13 (Trippnotes).

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 Muskettrecalled that the plainclothes agent on duty at the time wasReginald Hightower. Muskett 7/21/98 GJ at 22. While not "100percent sure" that this incident occurred, Agent Hightowertestified that "it probably did happen." Hightower 7/28/98 GJ at46-49.

340. Muskett 7/21/98 GJ at 42-46. Mr. Ickes testified that hecannot recall this incident but cannot rule it out. Ickes 8/5/98GJ 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 2/1/98Statement at 1; Lewinsky 7/31/98 Int. at 6-7; Lewinsky 8/3/98Int. at 5; Tripp 7/9/98 GJ at 72-73; 845-DC-00000014 (Trippnotes); 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 Houseemployees); Lewinsky 8/6/98 GJ at 65. According to the jobdescription for the position:

The incumbent of this Schedule C position will have accessto highly confidential, sensitive and frequently politicallycontroversial information and must be a person in whom the[Assistant Secretary of Defense for Public Affairs] hascomplete trust and confidence.

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

Sensitive Compartmented Information is information that notonly is classified for national security reasons as TopSecret, Secret, or Confidential, but also is subject tospecial access and handling requirements because it involvesor derives from particularly sensitive intelligence sourcesand 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 (Trippnotes).

356. Lewinsky 7/29/98 Int. at 4-5.

357. Lewinsky 7/30/98 Int. at 14. See also Lewinsky 7/29/98Int. 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. at14-15; 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 at11-12, 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. at49-50; Tripp 7/9/98 GJ at 53, 61-62, 94. Along with talking withthe President, Ms. Lewinsky also contacted former White Housecolleagues for help returning to work there. Lewinsky 8/3/98Int. 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 theRenaissance 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. at16; Lewinsky 8/24/98 Int. at 6-7; V006-DC-00000682 (President'sschedule for August 18); V006-DC-00003735 (photo request from Ms.Lewinsky); MSL-DC-0000489 - 490 (event invitation); Tripp 7/9/98GJ at 125-26; 845-DC-00000019 (Tripp notes).

369. Lewinsky 8/20/98 GJ at 28-31. See also Lewinsky 7/30/98Int. at 17.

370. Lewinsky 7/31/98 Int. at 7. Ms. Lewinsky thought thatthis might have been October 23 or 24. Id. The President was atthe Sheraton Washington Hotel from 6:55 to 8:05 p.m. on October23. 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 Houseevent 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 at32-34. Ms. Lewinsky did not send this letter. Lewinsky 8/4/98Int. at 5.

377. Catherine Davis 3/17/98 GJ at 23-24, 27; Finerman3/18/98 Depo. at 12; Kassorla 8/28/98 Int. at 4; Raines 1/29/98GJ at 31-32; Tripp 7/2/98 GJ at 41-43.

378. Tripp 7/14/98 GJ at 39-40; 845-DC-00000022 (Trippnotes).

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 WAVESrecords).

385. Currie 5/6/98 GJ at 57-58.

386. Currie 5/6/98 GJ at 84-85. In a later appearance beforethe grand jury, Ms. Currie testified that she could no longerrecall 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 GJat 98; Currie 7/22/98 GJ at 25-26, 41. Ms. Currie subsequentlywavered on this point. Currie 7/22/98 GJ at 14 ("[t]hePresident, for all intents and purposes, is never alone"); id. at15-16 (testifying that President and Ms. Lewinsky, in studytogether, were "not alone" so long as Ms. Currie was at herdesk); id. at 25 (agreeing that Ms. Lewinsky and President werealone together); id. at 131 ("I was always there. And Iconsidered them not to be alone. . . . I always thought that mypresence there meant that they were not alone."). Cf. Clinton8/17/98 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 at49.

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, seeChinery 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; Lewinsky8/19/98 Int. at 5.

393. Currie 5/6/98 GJ at 88-89. See also id. at 184; Currie5/14/98 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. at3.

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 at28-30; 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 at24; 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 at51-52.

401. Currie 5/14/98 GJ at 88-89. See also id. at 91; Currie7/22/98 GJ at 49-50 (testifying that she did not open sealedcards from Ms. Lewinsky to President but "may have read" unsealedones).

402. Currie 5/6/98 GJ at 88-89. See also Currie 5/14/98 GJat 78.

403. "The President got everything anyone sent him." Currie5/6/98 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 GJat 164; Currie 7/22/98 GJ at 31-33. According to Ms. Lewinsky,the President at one point told her similarly that "if the twopeople 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: "Ithink . . . what I was trying to do was allow the President tohave personal and private phone calls if he wanted to. And theappearance of any impropriety, I didn't want to have it." Id. at141.

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. Ican't imagine -- and I can't imagine that it could be." Currie7/22/98 GJ at 115. None of the Uniformed Division officersinterviewed by the OIC acknowledged having permitted Ms. Lewinskyto enter the White House without proper clearance. However, asnoted elsewhere, there is clear evidence that Ms. Lewinsky was inthe White House on days for which no records show her entry orexit.

411. V006-DC-00003712 (2/24/97 message). Records show sevencalls from Ms. Lewinsky's line to Ms. Currie's line on December5, 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 saidthat "I don't want the impression of sneaking, but it's just thatI brought her in without anyone seeing her." Id. at 156. Ms.Lewinsky confirmed that Ms. Currie helped her avoid Mr. Goodinand others. Lewinsky 8/20/98 GJ at 15; Lewinsky 7/27/98 Int. at4; 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 toldconfidants about Ms. Currie's role. Catherine Davis 3/17/98 GJat 17, 33, 37-38; Erbland 2/12/98 GJ at 43; Finerman 3/18/98Depo. at 39-40; Raines 1/29/98 GJ at 49; Ungvari 3/19/98 GJ at38-40; 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. at39-40; Janney 5/27/98 Int. at 2; LaDow 5/27/98 Int. at 3; Ludtke6/5/98 Int. at 2; Pape 8/5/98 GJ at 23-24; Pape 5/18/98 Int. at3-6.

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 wasfound in the box of gifts and other items that Ms. Lewinsky,after being subpoenaed in the Jones case, gave Ms. Currie forsafekeeping. 824-DC-00000013 - 14; Lewinsky 8/20/98 GJ at 71-72. Ms. Lewinsky told several people about the ad. Catherine Davis3/17/98 GJ at 28; Finerman 3/18/98 Depo. at 22-23; Marcia Lewis2/10/98 GJ at 59-61; Raines 1/29/98 GJ at 109. In email onFebruary 13, she said she planned to check her telephone messagesfrom London (where she would be on Valentine's Day) "in the hopesthat the creep will call and say 'Thank you for my love note. Ilove you. Will you run away with me?' What do ya think thelikelihood of that happening is?" 833-DC-00001934. On February19, she wrote in an email that the President had not left anymessage 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 8/6/98GJ 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 7/30/98Int. at 15; Lewinsky 7/31/98 Int. at 5. Mr. Goodin and Ms.Currie confirmed that Ms. Lewinsky stayed behind and talked withthe President after the radio address. Currie 1/27/98 GJ at 34;Goodin 2/17/98 GJ at 52, 55. Mr. Goodin testified that heapproached the President and "basically offer[ed] to chase heraway 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 politicalsupporter." Goodin 2/17/98 GJ at 56. Nancy Hernreich, who wasnot present at the radio address, testified that Mr. Goodin toldher about Ms. Lewinsky's presence there on the following workday. 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 maintainedthat the President and Ms. Lewinsky were "[n]ever out ofeyesight." Id. at 135. The President, however, acknowledged"inappropriate intimate contact" with Ms. Lewinsky on February 28and testified that, to the best of his knowledge, Ms. Currienever 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, "DidMonica show you the hat pin I gave her?" Currie 5/6/98 GJ at142.

439. Lewinsky 8/6/98 GJ at 156. See also Lewinsky 8/20/98 GJat 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 adifficult person for whom to shop, and yet, you managed tochoose two absolutely perfect presents! A little phrase(with only eight letters) like "thank you" simply cannotbegin 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 abeautiful piece of art. My only hope is that I have a hatfit 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 boundedition. Like Shakespeare, Whitman's writings are sotimeless. I find solace in works from the past that remainprofound and somehow always poignant. Whitman is so richthat one must read him like one tastes a fine wine or goodcigar -- 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 themall . . . always.

MSL-DC-00000621 - 622 (emphasis in original) (ellipsis inoriginal). Ms. Lewinsky said she sent a version of this letterto the President and enclosed a necktie. Lewinsky 8/4/98 Int. at5.

440. Lewinsky 8/24/98 Int. at 7; Finerman 3/18/98 Depo. at22; Raines 1/29/98 GJ at 109.

441. Lewinsky 8/26/98 Depo. at 47-48. See also Lewinsky8/6/98 GJ at 31, 38-39.

442. Lewinsky 8/26/98 Depo. at 47-48. See also Lewinsky8/6/98 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 testifiedthat she did not keep the soiled dress as a souvenir. She saidshe does not ordinarily clean her clothes until she is ready towear them again. "I was going to clean it. I was going to wearit again." Lewinsky 8/6/98 GJ at 41. She also testified thatshe was not certain that the stains were semen. She had dinedout after the radio address, "[s]o it could be spinach dip orsomething." Lewinsky 8/6/98 GJ at 40. See also Lewinsky 7/29/98Int. 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 calledMs. 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 inAfrica. 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 8/20/98GJ at 68-69; Lewinsky 7/30/98 Int. at 16. Ms. Lewinsky testifiedthat their genitals only briefly touched: "[W]e sort of hadtried to do that, but because he's so tall and he couldn't bendbecause of his knee, it didn't really work." Lewinsky 8/26/98Depo. at 51.

457. Lewinsky 8/20/98 GJ at 68-69; Lewinsky 8/26/98 Depo. at50; 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 ofMs. Lewinsky before January 1998. Nash 3/19/98 Int. at 1; Nash9/2/98 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 havedone 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 thatshe did have a conversation along these lines with Mr. Kaye. Finerman 3/18/98 Depo. at 52-57. Mr. Kaye testified that hecould not recall having discussed Ms. Lewinsky with Ms. Scott. Kaye 5/21/98 GJ at 44. Ms. Scott testified that she could notrecall talking to Mr. Kaye about Ms. Lewinsky in this period, ortalking to him about phone calls between Ms. Lewinsky and thePresident 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 toldconfidants about the May 24 break-up. Catherine Davis 3/17/98 GJat 133-35; Erbland 2/12/98 GJ at 46-47; Kassorla 8/28/98 Int. at4; Raines 1/29/98 GJ at 58-59; Tripp 7/14/98 GJ at 78-84; Ungvari3/19/98 GJ at 80. Dr. Kassorla, Ms. Lewinsky's therapist, toldMs. Lewinsky that the President's statement sounded rehearsed andinsincere. Kassorla 8/28/98 Int. at 4.

A fragment of a deleted file recovered from Ms. Lewinsky'shome computer apparently refers to the President's May 24announcement:

. . . cannot do anything but accept that. However, I alsocannot ignore what we have shared together. I don't carewhat you say, but if you were 100% fulfilled in yourmarriage I never would have seen that raw, intense sexualitythat I saw a few times -- watching your mouth on my breastor looking in your eyes while you explored the depth of mysex. Instead, it would have been a routine encounter voidof anything but a sexual release. I do not want you tobreach your moral standard . . . .

MSL-55-DC-0094; MSL-55-DC-0124 (spelling and punctuationcorrected).

480. Lewinsky 8/6/98 GJ at 25. See also Lewinsky 7/27/98Int. 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 Presidenton August 16, 1997, but he rebuffed her. Lewinsky 8/20/98 GJ at70.

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 whenthis 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'stestimony, Ms. Scott testified that the President never asked herto 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; Scott3/26/98 GJ at 13, 15; Scott 3/31/98 GJ at 43-44. For his part,the President testified that he talked with Ms. Scott aboutbringing Ms. Lewinsky back to work at the White House, though hedid not order her to hire Ms. Lewinsky. Clinton 8/17/98 GJ at130.

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 otheravenues. She applied for a position at the National SecurityCouncil and had interviews there on May 1 and June 11. Lewinsky7/27/98 Int. at 5; Bailey 5/26/98 GJ at 23; Dimel 2/18/98 Int. at1; 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 thejob. V006-DC-00000223 - 224 (Dimel letter). She also pursued ajob in the White House press office. Lewinsky 7/27/98 Int. at 5. At one point Ms. Lewinsky told the President that she had appliedfor these jobs, and he responded that he needed to know inadvance if he was to help her. Lewinsky 7/27/98 Int. at 5.

490. 827-DC-00000018 (Epass records); V006-DC-00000008 (WAVESrecords); Scott GJ 3/19/98 at 17.

491. 1037-DC-00000265- 266 (spelling and punctuationcorrected). See also Finerman 3/18/98 Depo. at 50-51 (recountingthis meeting); Tripp 7/14/98 GJ at 89-91 (recounting thismeeting).

492. Scott 3/19/98 GJ at 52. See also Scott 3/26/98 GJ at16-17.

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 letterwas also found in Ms. Lewinsky's apartment. MSL-DC-00001192. Consistent with a statement in the draft, Ms. Scott testifiedthat "I don't hear about White House jobs." Scott 3/19/98 GJ at90. Ms. Scott also testified that she recalled only a shortthank-you note after her June 16 meeting with Ms. Lewinsky,though she did receive a "real pissy letter" from Ms. Lewinsky atsome point, which she threw away. Scott 3/19/98 GJ at 77; Scott3/26/98 GJ at 18.

498. MSL-DC-00001227 (emphasis in original). Ms. Lewinskysent a version of the note. Lewinsky 8/4/98 Int. at 6. Recordsindicate that Ms. Lewinsky was in Madrid the following week andin 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]ouridea about working in another city or country") (multiple copiesof same message).

500. Lewinsky 7/29/98 Int. at 8.

501. Lewinsky 8/6/98 GJ at 68, 87; Lewinsky 7/29/98 Int. at7-8; Lewinsky 8/11/98 Int. at 6.

502. Lewinsky 8/6/98 GJ at 68, 87. See also Lewinsky 7/29/98Int. at 7-8; Lewinsky 8/11/98 Int. at 6.

503. Lewinsky 8/6/98 GJ at 68-69, 87-89. See also Lewinsky8/26/98 Depo. at 62-63.

504. Lewinsky 8/6/98 GJ at 68, 87; Lewinsky 7/29/98 Int. at7-8; 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 aformer Pentagon colleague worked there and liked it. Lewinsky8/13/98 Int. at 1.

506. Clinton 8/17/98 GJ at 124.

507. Lewinsky 8/6/98 GJ at 69. See also Lewinsky 7/29/98Int. at 8.

508. Lewinsky 8/6/98 GJ at 69. See also Lewinsky 7/29/98Int. at 7.

509. 827-DC-00000018.

510. V006-DC-00002140; V006-DC-00002214.

511. Lewinsky 8/6/98 GJ at 75. See also Lewinsky 7/29/98Int. 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 Lewinsky7/28/98 Int. at 6.

516. Lewinsky 8/26/98 Depo. at 56-57. See also CatherineDavis 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 aboutthe contact from Mr. Isikoff, but Mr. Lindsey, with whom she hadworked at the White House, did not return her calls and pages. Ms. Tripp testified that she tried to reach him because "he wasone of the protectors" of the President. Tripp 7/14/98 GJ at111. 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. at3.

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 referringto the Drudge Report, carried on the Internet, which had reportedon July 4 (the day of Ms. Lewinsky's previous White House visit)that Michael Isikoff of Newsweek was "hot on the trail" of astory involving "a federal employee sexually propositioned by thePresident on federal property." Drudge Report 7/4/97. See alsoWashington Post, 8/11/97 at D1 (on Drudge Report's scoop ofNewsweek).

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; Tripp7/16/98 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. Trippdid call Mr. Lindsey. He urged her to contact Robert Bennett,but she never did so. Lindsey 3/12/98 GJ at 3, 13; Lindsey2/18/98 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, aboutbeing detailed back to the White House. He gave his approval andsent a letter recommending her. Bailey 2/6/98 Int. at 3; Bacon2/26/98 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 (WAVESrecords); 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 8/24/98Int. 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 thinksI screwed him in the article. I'm dead." Id.

553. V006-DC-00000008 (WAVES records).

554. V006-DC-00002146 (movement logs). Secret ServiceOfficer Steven Pape testified about Ms. Lewinsky's August 16visit. When Ms. Lewinsky entered the complex through theSouthwest Gate, Officer Pape, who was familiar with Ms.Lewinsky's visits, predicted to another officer that thePresident would move to the Oval Office shortly. Officer Pape'sprediction proved accurate: The President moved to the OvalOffice, according to records, 18 minutes after Ms. Lewinskyentered the White House. Pape 8/5/98 GJ at 20-24; Myrick8/13/98 GJ at 5-9; V006-DC-00002146 (movement logs); V006-DC-00002095 (movement logs); V006-DC-00002147 (movement logs). Seealso Shegogue 8/4/98 GJ at 10-11, 14-15, 17-20 (Secret Serviceofficer recalling that Ms. Currie escorted Ms. Lewinsky into WestWing 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 8/20/98GJ 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 saidthat she sent this or a similar note to the President. Lewinsky7/31/98 Int. at 2. See also 1037-DC-00000583 (email to CatherineDavis).

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 CatherineDavis); 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 orlate September, according to Ms. Lewinsky, Ms. Currie told Ms.Lewinsky that she had spoken with Mr. Podesta. Lewinsky 7/31/98Int. at 9; Lewinsky 8/13/98 Int. at 2; Lewinsky 2/1/98 Statementat 2. (Ms. Lewinsky thought that the President was having Ms.Currie do the "legwork" of getting her a job out of concern aboutappearances. Lewinsky 8/13/98 Int. at 3.) Mr. Podesta testifiedthat he told Ms. Currie to have Ms. Lewinsky call him. Podesta2/5/98 GJ at 35; Podesta 6/16/98 GJ at 12-19. Ms. Currietestified that she does not remember getting that response fromMr. Podesta, and, if she had gotten it, she would have passed iton to Ms. Lewinsky. Currie 5/14/98 GJ at 149-51. According toMs. Lewinsky, Ms. Currie mentioned Mr. Podesta to her inSeptember 1997, but never told her to call him. Lewinsky 8/24/98Int. at 7. Subsequently, Ms. Currie asked Mr. Podesta to helpMs. 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 toCatherine 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, atthe bottom of the page, Ms. Lewinsky added: "JUST A REMINDER TOTHROW THIS AWAY AND NOT SEND IT BACK TO THE STAFF SECRETARY!" Id. The statement that Ms. Lewinsky and the President had notspent time together in six weeks evidently refers to her August16 visit, before his vacation.

574. Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7. On September30, the President signed, under penalty of perjury, interrogatoryresponses in the sexual harassment case, answering Ms. Jones'sallegations against him. V002-DC-00000008 - 15.

575. Lewinsky 8/13/98 Int. at 1. In email, Ms. Lewinskyindicated that it was Ms. Currie who told her that the Presidentwas 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 thisincident in late summer or early fall of 1997. Bowles 4/2/98 GJat 65-66. Mr. Podesta's account largely matches Mr. Bowles's,except that Mr. Podesta placed the incident in late spring orsummer of 1997; he understood that Ms. Lewinsky wanted a job inthe White House or an agency; and he recalled being told by Mr.Bowles that Ms. Lewinsky, according to the President, "thoughtthat she hadn't been treated fairly" in being transferred to thePentagon. Podesta 2/5/98 GJ at 21-22.

579. Lewinsky 8/6/98 GJ at 102. See also Lewinsky GJ 8/6/98at 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 KateFriedrich, 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 (courierreceipts); 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. Seealso MSL-55-DC-0177 (draft letter from Ms. Lewinsky to thePresident referring to this remark); DB-DC-00000017 (anotherdraft 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 Bettyto come at 9:30 this a.m." MSL-DC-00000456 (document found inMs. Lewinsky's apartment in the course of a consensual search onJanuary 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 theOctober 11 visit or their October 10 phone conversation that shefirst 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 thathe would call her and give "a report." T13 at 17-18.

607. T2 at 14. In the grand jury, Ms. Currie was shown atranscript of this recorded conversation and acknowledged thatthe meeting described by Ms. Lewinsky "probably happened." Currie 5/6/98 GJ at 187.

608. T2 at 14. Although it is unclear whether the Presidentspoke with Mr. Bowles about a recommendation for Ms. Lewinsky inOctober, there is evidence he did so on January 13, 1998. Seeinfra 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 adraft of this document to the OIC on July 31, 1998. Lewinsky7/31/98 Int. at 3. See also Lewinsky 8/13/98 Int. at 3.

612. DB-DC-00000027 (punctuation corrected) (emphasis inoriginal). Ms. Lewinsky produced a draft of this document to theOIC on July 31, 1998. Lewinsky 7/31/98 GJ at 3.

613. DB-DC-00000027. Ms. Lewinsky also indicated that shewould 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 toldthe President about her interest in television during theirOctober 11 meeting. The President had responded, "The only one Iknow in a network is Kaplan, . . . but his job is in Atlanta." T2 at 6. See also Lewinsky 7/31/98 Int. at 11. CNN PresidentRick 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 ofcartoony" and said: "This is a test of the emergency insanitysystem." 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 thepacket 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. Lewinskyfrom the White House. See Nagy 2/19/98 Int. at 4 ("no record of local telephone calls comingfrom the White House").

Ms. Currie testified in the grand jury: "I don't remember a large package, only somethingwith the Plum Book thing in it. And I just don't remember it being a large package." Currie5/14/98 GJ at 52-53; see also Currie 5/14/98 GJ at 154. (The Plum Book is a government jobsearch 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 relationsfirms. Currie 5/14/98 GJ at 56.

623. Lewinsky 8/13/98 Int. at 4; Lewinsky 8/26/98 Depo. at61-63.

624. Podesta 2/5/98 GJ at 40-41. See also Lewinsky 7/31/98Int. at 10. As previously discussed, Ms. Currie had earlierasked 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. at28. On Sunday, October 12, 1997, the President traveled to LatinAmerica for one week. United States President, WeeklyCompilations of Presidential Documents at 1608, 1609, 1653. Onthat 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 2/5/98GJ at 44. Ambassador Richardson recalled that Mr. Podesta hadfirst 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 1/17/98Depo. 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 Lewinsky8/26/98 Depo. at 63-64; Lewinsky 7/31/98 Int. at 12; Lewinsky7/27/98 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 placedcalls 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 7/31/98Int. 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 anemail to her friend Catherine Allday Davis: "It was nice; the bigcreep called Thursday night to give me a pep talk because I wasso afraid I'd sound like an idiot." 1037-DC-00000022 (spellingcorrected).⁽⁶⁴³⁾

643. 1037-DC-000000022 (spelling corrected).

644. Lewinsky 7/31/98 Int. at 13. See also Lewinsky 8/26/98Depo. at 65.

645. Clinton 1/17/98 Depo. at 74.

646. 828-DC-00000023 (Ambassador Richardson's diaryreflecting 7:30 a.m. meeting with Monica Lewinsky). See alsoAmbassador Richardson 4/30/98 Depo. at 66-68; Sutphen 5/27/98Depo. at 7; Cooper 1/27/98 Int. at 1-2; Lewinsky 7/31/98 Int. at13-14. After meeting with Ms. Lewinsky, Ambassador Richardsonspent the remainder of the day meeting individually with Senatorsand Members of Congress. 828-DC-00000023 (AmbassadorRichardson's itinerary for October 31).

647. Richardson 4/30/98 Depo. at 68; Cooper 1/27/98 Int. at1-2.

648. Richardson 4/30/98 Depo. at 39; Sutphen 5/27/98 Depo. at15-16; Cooper 1/27/98 Int. at 2.

649. The draft was retrieved from Ms. Lewinsky's computer inthe 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, "Iwas pleased the UN interview went well, but I'm afraid it will belike 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. at14; Lewinsky 7/27/98 Int. at 5.

654. 828-DC-00000003.

655. Lewinsky 8/26/98 Depo. at 67; Lewinsky 7/27/98 Int. at5; Lewinsky 7/31/98 Int. at 14; Lewinsky 8/13/98 Int. at 5.

According to Ambassador Richardson, the position offered toMs. Lewinsky was not newly created. He testified that heintended to expand an open position in the U.N.'s Washingtonoffice and move it to New York. Richardson 4/30/98 Depo. at 39-40. Although Ambassador Richardson did not recall whether thisopening was publicized, he testified that it would be common forthe 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, characterizedthe 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 at65-66.

660. Clinton 1/17/98 Depo. at 73.

661. Sutphen 5/27/98 Depo. at 32-33; Lewinsky 8/13/98 Int. at5.

662. Sutphen 5/27/98 Depo. at 33. See also Richardson4/30/98 Depo. at 110-11 (recalling Ms. Lewinsky's request foradditional 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 Interrogatoriesfrom 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 thaton 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. Jordanplaced 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 phonerecords).

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 hebelieved the President had told Ms. Currie to "[c]all Vernon andask 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 quotedthe 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'scomputer).

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 wouldlearn of the meeting between the President and Mr. Jordan. Inemail 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'sPentagon computer)(spelling corrected).

688. 1037-DC-00000017 (email retrieved from Catherine Davis'scomputer). Ms. Lewinsky wrote that she was "a little nervous todo the whole name of the BF. His first name is Vernon." Id. According to her aunt, Debra Finerman, Ms. Lewinsky used the codename "Gwen" when discussing Mr. Jordan because "he's an importantperson" and Ms. Lewinsky "always had the feeling somebody waslistening in" on their phone conversations, they did not want aneavesdropper 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. at3; 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 theWhite House at 6:20 p.m., admitted by Ms. Currie. 827-DC-00000018. Secret Service Movement logs show that the Presidententered the State Floor at 5:23 and moved to the Oval Office at6:34. V006-DC-00002156.

692. 1037-DC-00000318 (email retrieved from Catherine Davis'scomputer).

693. Lewinsky 8/13/98 Int. at 5.

694. Lewinsky 8/13/98 Int. at 5. Many of Ms. Lewinsky'sprevious visits with the President had occurred on holidays. See, e.g., Lewinsky 7/30/98 Int. at 3, 13, 17 (describing visitson 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 thisletter to the OIC on July 31, 1998. See also Lewinsky 7/31/98Int. at 1 (confirming that she delivered a substantially similarnote).

697. DB-DC-00000022.

698. Lewinsky 8/13/98 Int. at 5-6. On November 12, 1997, thePresident responded to Paula Jones's Third Set ofInterrogatories. In response to an interrogatory that asked thePresident to provide information about all individuals who havediscoverable and relevant information regarding the disputedfacts at issue in the case, the President provided a list ofnames that did not include Ms. Lewinsky. 849-DC-0000090 - 97.

699. 1037-DC-00000318 (email retrieved from Catherine Davis'scomputer).

700. 1037-DC-00000318 (spelling corrected). Lewinsky 8/13/98Int. at 6. On November 13, Ms. Hernreich was testifying beforeCongress. 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'scomputer).

703. Lewinsky 8/13/98 Int. at 6; 1234-DC-00000050 (movementlog); 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 toCatherine Davis).

706. In a note to the President the next week, Ms. Lewinskywould write of the gifts: "I forgot to tell you: . . . TheGingko Blowjoba or whatever it is called and the Zinc lozengeswere 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 shehad placed in the Washington Post on the President's desk. Lewinsky 8/6/98 GJ at 183-84. In a document composed soon afterthis visit, Ms. Lewinsky wrote: "When I was hiding out in youroffice for a half-hour, I noticed you had the new Sarah McLachlanCD. I have it, too, and it's wonderful. Whenever I listen tosong #5 I think of you. That song and Billie Holiday's versionof 'I'll be Seeing You' are guaranteed to put me to tears when itcomes 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 couldnot recall Ms. Lewinsky's November 13 visit. Currie 5/6/98 GJ at12, 15. After viewing documentary evidence, she recalled thatthis was the only time she surreptitiously escorted Ms. Lewinskyinto 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 PaulaJones's First Set of Requests for Production of Documents andThings. One request sought documents sent to President Clintonby any woman (other than Mrs. Clinton) with whom PresidentClinton had sexual relations. V002-DC-00000056 - 92. PresidentClinton objected to this request as one designed "solely toharass, embarrass, and humiliate the President and the Office heoccupies." V002-DC-00000075. Nonetheless, the Presidentanswered that he did not have any documents responsive to thatrequest.

713. Lewinsky 8/6/98 GJ at 105.

714. Lewinsky 8/6/98 GJ at 105. Phone and pager recordscorroborate these contacts. 1205-DC-00000016; V004-DC-00000143;831-DC-00000011. (Note that Ms. Lewinsky's pager records reflectPacific Time; throughout this referral, time has been adjusted toEastern 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 GJat 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 witnesslist 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 wordingof the letter resembles, in part, a message on a cassette foundduring the consensual search of Ms. Lewinsky's apartment: "Hi. [Sniffling, crying.] I was so sad seeing you last night. I wasso angry with you that once again you had rejected me. . . . Iwanted to feel the warmth of you and the smell of you and thetouch of you. And it made me sad. And I -- you confuse me somuch. I mean I [sigh]. I thought I -- I thought I fell in lovewith this person that -- that I really felt was such a good --such a good person, such a good heart, someone who's had a lifewith 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 bookhave 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 at10-11, 15-16; Niedzwiecki 7/30/98 GJ at 12-13; Lewinsky 8/6/98 GJat 109-11.

734. Lewinsky 8/6/98 GJ at 110-11; Niedzwiecki 7/30/98 GJ at13-14.

735. Byran Hall 7/23/98 GJ at 12-13; Niedzwiecki 7/30/98 GJat 13, 15. Officer Hall recognized Ms. Lewinsky from a previousoccasion, 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 recalledvisiting the President that morning. Mondale 7/16/98 Int. at 1. See also 843-DC-00000004 (Epass records reflect that Ms. Mondaleentered the White House at 9:33 a.m.).

738. Lewinsky 8/6/98 GJ at 111-12. See also Currie 7/22/98GJ at 88-89. Ms. Lewinsky suspected that Ms. Mondale wasromantically involved with the President. ⁽⁷³⁹⁾

739. In a conversation on November 11, Ms. Lewinsky speculated that Ms. Mondale wasand the President were starting a "relationship." Ms. Lewinsky noted with bitterness: "Maybeshe'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 thatMs. Lewinsky angrily told her: "'You had lied to me, that thePresident is in the office, and he's meeting with someone.' AndI 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 Chinery7/23/98 GJ at 10; Purdie 7/23/98 GJ at 13.

742. Keith Williams 7/23/98 GJ at 12. Some testimonyindicates that the President directly told Sergeant Williamsabout the Northwest Gate incident. Three officers testified thatSergeant Williams told them that the President had spoken to himand had indicated that he wanted the officer responsible for thedisclosure 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 theincident, Sergeant Williams came to the Northwest Gate and said,"[t]he President wants somebody's job." Niedzwiecki 7/30/98 GJat 29. Sergeant Williams testified, however, that the Presidentdid not speak to him directly about the incident. Keith Williams7/23/98 GJ at 31-32. According to Sergeant Williams, when he metalone with Ms. Currie, he noticed that the door leading to theOval Office was at first shut but then was cracked open. KeithWilliams 7/23/98 GJ at 22, 30. Sergeant Williams testified thathe heard what he assumed to be a male voice coming from withinthe Oval Office saying "[t]his person needs to be fired." KeithWilliams 7/30/98 GJ at 10-11. Sergeant Williams told theofficers at the gate that he spoke to the President only to gettheir attention. Keith Williams 7/30/98 GJ at 16-17. However,Sergeant Williams also told the supervisor who replaced him thatafternoon that the President had spoken to him directly about theincident at the Northwest Gate. Deardoff 9/3/98 Depo. at 8-9.

743. Purdie 7/23/98 GJ at 13, 18-19. Captain Purdietestified that he thought that the remedy of firing was "out ofproportion to the incident . . . [e]specially without doing aninvestigation 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 thePresident was in the area of the Oval Office throughout thisperiod. 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 touchwith Mr. Jordan the previous week and that things didn't work outand 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 herand 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 confirmedthat she told an officer, "Okay. Fine. This never happened."However, she testified that she said this so that no officerwould get in trouble. Currie 7/22/98 GJ at 91-92.

When Ms. Currie left work that day, she stopped by a SecretService 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 againstthem, that they just wanted it to go away." Chinery 7/23/98 GJat 22-23. Later that week, Ms. Currie told that officer toinform one of his supervisors "that everything was okay and justto 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 Niedzwiecki8/5/98 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'Malleytestified that Captain Purdie notified him of the incident,Deputy Chief O'Malley did not recall Captain Purdie discussingwith him, at any time, a decision not to generate an incidentreport 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 statedthat she met with the President alone in the Oval Office studythat 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 Statementat 6. On December 23, Paula Jones's attorneys issued a subpoenato 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 Houseat 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 toanswer questions about his December 6 meeting with the President,claiming attorney-client privilege and Executive (presidentialcommunications) Privilege.⁽⁷⁷³⁾

773. Lindsey 3/12/98 GJ at 66. The U.S. District Court forthe District of Columbia Circuit rejected Mr. Lindsey's claim ofprivilege, In re Grand Jury Proceedings, 5 F. Supp.2d 21 (D.D.C.1998), and the Court of Appeals denied Mr. Lindsey's appeal, Inre Lindsey, __ F.3d __, 1998 WL 418780 (D.C. Cir. 1998). Apetition 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 WhiteHouse at 5:21 p.m. on Sunday, December 7. 1178-DC-00000026.

775. Jordan 5/5/98 GJ at 83. He later testified that theconversation was "[a]bsolutely not" about Ms. Lewinsky. Jordan5/5/98 GJ at 116.

776. V004-DC-00000171 (Akin, Gump visitor records) (recordingvisit of "Malensky"). Ms. Lewinsky recalled arranging themeeting on December 8 or 9. Lewinsky 8/1/98 Int. at 3. See also833-DC-00017886 (reflecting Ms. Lewinsky's call to Mr. Jordan onDecember 8).

On December 8, Ms. Lewinsky sent Mr. Jordan a hat, a box ofchocolates, and a note gently reminding him of his promise tohelp her find a job. Lewinsky 7/31/98 Int. at 15. She also sentthe President a note and some peach candies. Lewinsky 8/1/98Int. 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 alsoJordan 3/3/98 GJ at 54, 62-63, 70.

Mr. Halperin testified that Mr. Jordan had told him thatMs. Lewinsky "was a bright young woman who was energetic andenthusiastic and . . . encouraged me to meet with her." Halperin4/23/98 GJ at 13. Similarly, Ms. Fairbairn stated that Mr.Jordan had told her that he "would like to send [her] a resume ofa talented young lady and see if she matches up with any companyopenings." 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 themeeting with Mr. Jordan on December 8 with the impression thatMr. Jordan was going to get her a job. Lewinsky 8/1/98 Int. at4.

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 meetingwith Mr. Jordan: "Ms. L. met again with Mr. Jordan in thebeginning of December '97, at which time he provided Ms. L. witha list of three people to contact and suggested language to usein her letters to them. At some point, Mr. Jordan remarkedsomething about Ms. L. being a friend of the Pres. of the UnitedStates. Ms. L. responded that she never really saw him as "thePresident"; she spoke to him like a normal man and even got angrywith him like a normal man. Mr. Jordan asked what Ms. L. gotangry about. Ms. L. replied that the Pres. doesn't see or callher enough. Mr. Jordan said Ms. L. should take her frustrationsout 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 forProduction of Documents and Things).

791. Lewinsky 8/6/98 GJ at 121-26.

792. Lewinsky 8/6/98 GJ at 126. Ms. Lewinsky testified thatthe call came as a surprise because Mrs. Clinton was in town. Id. at 122. See also 968-DC-00003479 (Mrs. Clinton's schedulereflects 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 testifiedthat, "on [s]everal occasions," they had resolved to use thiscover 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 gavethis explanation of Ms. Lewinsky's visits to the Oval Office athis 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. Lewinskystated that, during the week following her December 11 meetingwith Mr. Jordan, she "had two interviews in NY in response to herletters." 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. at6; 8/1/98 Int. at 6-7. In the late-night December 17 call, thePresident told Ms. Lewinsky that, if she were subpoenaed, sheshould call Ms. Currie. Ms. Lewinsky did not do so on December19 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 didnot contemplate representing Ms. Lewinsky himself because "Irepresent companies. I don't represent individuals." Jordan3/3/98 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 likelyto be less accurate. The President may have been returning acall that Mr. Jordan had placed at 3:51 p.m.

817. Lewinsky 8/6/98 GJ at 131; V004-DC-00000151 (Akin, Gumptelephone records). Mr. Jordan asked whether he could bring apotential 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 GJat 10. Although Mr. Jordan was adamant that Ms. Lewinsky was notin his office when he spoke with the President, he was uncertainwhether Ms. Lewinsky was in the office when the 5:06 p.m. callwas 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 thatafternoon: "Ms. L expressed anxiety with respect to her subpoenarequesting production of any gifts from the Pres., specificallyciting hat pins which the Pres. had in fact given her. Mr.Jordan allayed her concerns by telling her it was standardlanguage." 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 thatshe had such a conversation with Mr. Jordan, although shebelieved 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 getgraphic, 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 GJat 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, thePresident listened with "some amazement" when Mr. Jordanrecounted 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 engagingFrancis Carter to represent Ms. Lewinsky. Jordan 3/5/98 GJ at27.

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 "phonesex" was. Lewinsky 8/6/98 GJ at 139. Ms. Lewinsky stated thatshe may have explained it this way: "He's taking care ofbusiness 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 wasproducing in response to the subpoena. Ms. L believes she madeit clear that this was not everything she had that could respondto 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 an11:00 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. at160-61.⁽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. Lewinskyfor 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 anaffidavit recounting what she said to me." Carter 6/18/98 GJ at65.

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 SupplementalResponses 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 jurytestimony, the President recalled giving her many of these giftsand acknowledged that it was "probably true" that these were moregifts than he had ever given her in a single day. Clinton8/17/98 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 statementof February 1, 1998, Ms. Lewinsky wrote: "Ms. L. asked [thePresident] how he thought the attorneys for Paula Jones found outabout her. He thought it was probably 'that woman from thesummer . . . 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 toldanyone 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 inthe grand jury that she had in fact told others about the hatpin. 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 GJat 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 hedid not remember that Ms. Lewinsky's subpoena specifically calledfor 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 rememberonly one other occasion in which she had driven to Ms. Lewinsky'sWatergate 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 8/1/98Int. at 12.

895. Lewinsky 2/1/98 Statement at 7 (punctuation corrected).

896. Ms. Currie stated, at various times, that the transferoccurred sometime in late December 1997 or early January 1998. Currie 1/24/98 Int. at 3; Currie 1/27/98 GJ at 56-57; Currie5/6/98 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 juryappearance in January, Ms. Currie was asked whether she knew whohad 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 sheunderstood that Newsweek reporter Michael Isikoff (who hadearlier written about Kathleen Willey) was asking about thegifts. Currie 5/6/98 GJ at 107, 114, 120. Ms. Lewinskytestified that she never spoke to Mr. Isikoff. Lewinsky 8/24/98Int. at 9.

900. Currie 5/6/98 GJ at 107-08. See also Currie 1/27/98 GJat 57-58.

901. Currie 5/6/98 GJ at 110. When the OIC later obtainedthe box from Ms. Currie by subpoena, it contained various itemsthat the President had given to Ms. Lewinsky, including (a) a hatpin; (b) a brooch; (c) an official copy of the 1996 State of theUnion Address inscribed "To Monica Lewinsky with best wishes,Bill Clinton"; (d) a photograph of the President in the OvalOffice with a handwritten note, "To Monica -- Thanks for the tieBill Clinton"; (e) a photograph of the President and Ms. Lewinskyinscribed "To Monica -- Happy Birthday! Bill Clinton 7-23-97";(f) a sun dress, two t-shirts, and a baseball cap with a BlackDog logo on them; and (g) a facsimile copy of a Valentine's Daymessage to "Handsome" that Ms. Lewinsky placed in the WashingtonPost 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. Jordantestified that he never had breakfast with Ms. Lewinsky, seeJordan 3/5/98 GJ at 60, there is strong circumstantial evidencesupporting Ms. Lewinsky's testimony that she had breakfast withMr. Jordan on December 31. Compare Lewinsky 8/6/98 GJ at 187-89 (describing breakfast) with 916-DC-00000003 (Park Hyatt receiptreflecting 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; 8/1/98Int. 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 samplequestions. 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 aphone call to Ms. Currie asking her to tell the Pres. that shewanted to speak with him before she signed something the nextday. 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 2/1/98Statement at 9 ("The Pres. told Ms. L. not to worry about theaffidavit 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 at9 ("Ms. L told him Mr. Carter had asked some sample questionsthat might be asked of her in the deposition and she didn't knowhow 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, wasfound in Ms. Lewinsky's apartment in the course of a consensualsearch on January 22, 1998.⁽⁹³⁵⁾

935. cite

936. Lewinsky 8/6/98 GJ at 200; Lewinsky 2/1/98 Statement at6 ("After Ms. L received a draft of the affidavit, she called Mr.Jordan to ask that he look it over before she sign it. Heinstructed her to drop off a copy at his office. They spokelater by phone about the affidavit agreeing to make somechanges.").

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 affidavitstated: "In the course of my employment at the White House, Imet with the President on several occasions. I do not recallever being alone with the President, although it is possible thatwhile working in the White House Office of Legislative Affairs Imay have presented him with a letter for his signature while noone else was present. This would only have lasted a few minutesand would not have been a private meeting, that is, not behindclosed 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 relevantphone calls are included in Appendix G as a Phone Log, Tables 1through 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, "Ihave never had a sexual relationship with the President," shetestified 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 at192; 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, thatshe 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 everspoken with Mr. Perelman in the past in the context of a jobreferral, Mr. Jordan could remember three persons for whom he hadmade 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'sWashington 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 beforethe House Government and Reform Oversight Committee, Mr. Jordantestified that he helped former Associate Attorney GeneralWebster Hubbell be retained by Revlon by introducing him toHoward Gittes, Vice Chairman and Chief Administrative Officer atMacAndrews & 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 similarlytestified that Mr. Jordan called her back that evening and toldher "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. Jordanplaced a two-minute call to a number at the White House Counsel'soffice 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 recallhaving any discussions with Mr. Jordan about Ms. Lewinsky priorto January 17, 1998. Indeed, she had no recollection of hearingMs. 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 thePresident's response was one of "appreciation, gratitude." Id.

994. 921-DC-00000770-72 (Clerk's minutes of in-camerahearing).

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 -- whenleaving 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 thisconversation with the President at some time between January 4and January 20. Bowles 4/2/98 GJ at 78. Mr. Podesta recalledthat Mr. Bowles passed this request on to him "three or four daysbefore the President's deposition" -- that is, January 13 orJanuary 14, though Mr. Podesta did not know who had originatedthe 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. Hilleytestified: "At this time, I don't recall that piece of theconversation [dealing with Ms. Lewinsky's leaving LegislativeAffairs under less than favorable circumstances] with JohnPodesta." Id. at 76.

1004. Lewinsky 8/6/98 GJ at 215. At 2:20 p.m., Ms. Curriepaged Ms. Lewinsky again: "Please call me. Kay." 831-DC-00000010. In the grand jury, Ms. Currie stated that she couldnot remember whether the January 13 page-messages to Ms. Lewinskyinvolved attempts to notify her of the status of the President'sefforts 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 toFlorida in the early afternoon. 1034-DC-00000109 (Mr. Jordan'sday-planner). Soon after arriving in Florida, he called Ms.Hernreich's line at the White House. See Telephone Calls, Table42. Later that evening, he spoke with the President for nearlyfour minutes. 1064-DC-00000008 (Mr. Jordan's hotel bill). In thegrand 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 indrafting 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 dayMs. Currie left a message for Mr. Jordan. The message sliplisted 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 immediatelyinformed 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 toPlaintiff's Second Set of Requests).

1024. 1441-DC-00001534-46 (Second Set of Requests FromPlaintiff 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 datewas 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, aspreviously indicated, Mr. Jordan believes he informed PresidentClinton on January 7 that Ms. Lewinsky had signed an affidavitdenying that there had been a sexual relationship. Jordan 5/5/98GJ 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 toreveal the content of these conversations with the President,citing the presidential communication, deliberative process, andattorney-client privileges, both officially and privately, aswell 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 at65-66; Currie 5/7/98 GJ at 79-85; Currie 7/22/98 GJ at 154. Seealso Currie 1/24/98 Int. at 5-6 ("CURRIE advised that sometimelate 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, soshe and CLINTON agreed to meet at the White House at 5 p.m. thefollowing day, Sunday, January 18, 1998."). Presidential calllogs reflect that the President attempted to call Ms. Currie at7:02 p.m. on January 17, 1998, and that he spoke to her for twominutes at 7:13 p.m. 1248-DC-00000307.

1051. Currie 5/7/98 GJ at 91. Also that evening, thePresident called Mr. Jordan, who testified that they did notdiscuss the afternoon deposition. See Telephone Table 46, Call2; 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. to1:14 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 hewas just making statements.").

1058. Currie 1/24/98 Int. at 6-7. The President repeatedthese 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 themsound 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 astatement 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, andI can't do that," appeared simply intended as a statement, not a statement he wanted Ms. Currieto 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 testifiedthat, at some point after January 18, she heard that Ms. Lewinskyvisited 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 OvalOffice complex, in that complex, while Monica was there." Clinton 8/17/98 GJ at 132.

Elsewhere in her testimony, Ms. Currie appeared to have adifferent understanding of "alone." She testified that, on oneoccasion, because others observed Ms. Lewinsky in the Oval Officecomplex, Ms. Currie accompanied Ms. Lewinsky into the OvalOffice, where the President was working. Ms. Currie explainedthat she waited in the dining room while Ms. Lewinsky and thePresident 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 ("Iasked her specifically . . . to remain in the dining room, Betty,while I met with Monica in my study."). Ms. Currie testifiedthat she did not want people who had observed Ms. Lewinsky enterthe 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: "Theway the question was phrased to me at the time, I answered,'Right.' It seemed to me that was the correct answer for me togive . . . the '[c]ome on to me,' I considered that more of astatement 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 away that did not invite her agreement. Rather, "I would call ita 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 isunaware of what happened on the, on the occasions when I saw herin 1996 when something improper happened. And she was unaware ofthe 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 astatement he delivered in the beginning of his grand juryappearance: "[B]ecause of privacy considerations affecting myfamily, myself, and others, and in an effort to preserve thedignity of the office I hold, this is all I will say about thespecifics of these particular matters." Clinton 8/17/98 GJ at10.

1084. At 5:12 p.m., Ms. Currie paged Ms. Lewinsky, leavingthe message: "Please call Kay at home." At 6:22 p.m., Ms.Currie paged Ms. Lewinsky: "Please call Kay at home." At 7:06p.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 pagerrecorded calls in Pacific time). See also Currie 5/7/98 GJ at96-97; 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 Currie7/22/98 GJ at 161-62.

1087. See Telephone Calls, Table 48. At 7:02 a.m. she pagedMs. Lewinsky, leaving the message: "Please call Kay at home at8:00 this morning."⁽¹⁰⁸⁸⁾

1088. cite ⁽¹⁰⁸⁹⁾

1089. Ms. Currie admitted that these calls were not of a social nature. Currie 7/22/98 GJ at161. - ⁽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. Currieleft a more urgent message: "Please call Kay re: familyemergency." 831-DC-00000009 (Ms. Lewinsky's pager records). SeeTelephone 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 UrgingAide 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'saffidavit.

1102. Clinton Accused at A1.

1103. Mr. Lindsey, on instructions from the President, seeLindsey 8/28/98 GJ at 23, has invoked the presidentialcommunication privilege, the deliberative process privilege, thegovernmental attorney-client privilege, and President Clinton'spersonal attorney-client privilege with regard to conversationswith the President and has thus refused to disclose what thePresident said to him on January 21. Lindsey 2/19/98 GJ at 42. Mr. Lindsey has testified, however, that based on the President'spublic statements and statements made to others in Lindsey'spresence, the President misled him about the nature of hisrelationship 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, citingprivileges, refused to testify about the substance of thisconversation.

1106. 1034-DC-00000111 (Mr. Jordan's calendar). See alsoJordan 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 alsoLindsey 8/28/98 GJ at 90. Mr. Lindsey asserted privileges overthis 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 at85-86.

1111. Ickes 6/10/98 GJ at 73.

1112. Ms. Currie could not recall whether the Presidentcalled her into the Oval Office to discuss Ms. Lewinsky onTuesday, January 20, or Wednesday, January 21. Currie 1/27/98 GJat 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 notspecifically recall this second conversation with Ms. Currie, butdid not dispute that it took place: "I do not remember how manytimes I talked to Betty Currie or when. I don't. I can'tpossibly remember that. I do remember when I first heard aboutthis story breaking, trying to ascertain what the facts were,trying to ascertain what Betty's perception was." Clinton8/17/98 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 heinterpreted the President's statement, "I haven't done anythingwrong," Mr. Blumenthal stated, "My understanding was that theaccusations against him which appeared in the press that day werefalse, that he had not done anything wrong. . . . He had not hada sexual relationship with her, and had not sought to obstructjustice or suborn perjury."⁽¹¹¹⁸⁾

1118. Blumenthal 6/26/98 at 26.

1119. Blumenthal 6/4/98 GJ at 49. The President said, "I'vegone down that road before, I've caused pain for a lot of peopleand I'm not going to do that again." Blumenthal 6/4/98 GJ at 49. Mr. Blumenthal "understood [this statement] to mean that he hadhad an adulterous relationship in the past, which is something hemade very plain to the American people in his "60 Minutes"interview with the First Lady, which is how he introduced himselfto 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 at15, 51.

1123. Podesta 6/16/98 GJ at 92.

1124. Podesta 6/16/98 GJ at 92. The President made anothermisleading statement about his relationship with Ms. Lewinsky toMr. Podesta a few weeks later. According to Mr. Podesta, "[h]esaid 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 thatshe was with Betty when he saw her or that he saw her in the OvalOffice with the door open and Betty was around -- and Betty wasout 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 wasasked specifically whether he denied telling Mr. Podesta that hedid not have any kind of sex whatsoever, including oral sex, withMs. Lewinsky. The President responded: "I'm not saying thatanybody 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 Presidentwas apparently relying on the same tense-based distinction hemade 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 acompletely true statement. . . . Now, if someone had asked me onthat day, are you having any kind of sexual relations with Ms.Lewinsky, that is, asked me a question in the present tense, Iwould 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 PublicRadio, 5:07 p.m., Wednesday, January 21, 1998.

1132. "The News Hour with Jim Lehrer," PBS, interview withPresident Bill Clinton by Jim Lehrer, Wednesday, January 21,1998. As evidenced by his grand jury testimony, the President isattentive to matters of verb tense. Clinton 8/17/98 GJ at 59.

1133. Televised Remarks by President Clinton at PhotoOpportunity at the White House with Palestinian AuthorityChairman Yasser Arafat, January 22, 1998, 10:22 a.m.

1134. Roll Call, Inc., January 22, 1998; transcript of pressconference.

1135. "All Things Considered," January 21, 1998.

1136. "The News Hour," January 21, 1998.

1137. Televised Remarks By President Clinton at PhotoOpportunity at the White House with Palestinian AuthorityChairman Yasser Arafat, January 22, 1998, 10:22 a.m.

1138. Roll Call, Inc., January 22, 1998. President Clintonwas extended invitations to appear before the grand jury and givehis testimony on: January 28, 1998; February 4, 1998; February 9,1998; February 21, 1998; March 2, 1998; and March 13, 1998. Hedeclined all of these invitations. On July 16, 1998, the grandjury issued the President a subpoena. The President promptlymoved for a postponement of two weeks in which to respond. At ahearing on the President's motion, Chief Judge Norma HollowayJohnson stated, "What we need to do is to move forward and moveforward expeditiously. . . . [A]pparently the grand jury hasdetermined that [they] need to hear from the [President]." In reGrand Jury Proceedings, Misc. No. 98-267, July 28, 1998, at pp.27-28. Before Judge Johnson ruled, the President's attorneysnegotiated the terms of the President's appearance.

1139. Morris 8/18/98 GJ at 6, 10, 12. Mr. Morris wasquestioned after the President's grand jury appearance on August17, 1998; accordingly, the OIC never had an opportunity toquestion 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 USAToday reporter that there was an occasion when the President andMr. Morris spoke on the telephone while they each were involvedin a sexual encounter. The President was reportedly "having sex"with Ms. Lewinsky while Mr. Morris was allegedly involved with aprostitute 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 withthe President for a "couple of days," he stayed at the WhiteHouse Residence for 34 days. Thomason 8/11/98 GJ at 6, 10. Mr.Thomason testified that while "not particularly an expert inmedia matters . . . my wife and I seem to have a feel of what therest 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 hisattorney, Robert Bennett (also the President's personalattorney), who advised him "to make sure you don't ask questionsthat will get you subpoenaed." Id. at 22, 27. Mr. Thomason alsotestified he did not ask the President whether the denial wastrue because "I wanted it to be true and I felt it not to betrue." 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 Offerin 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 WhiteHouse Education News Conference, Monday, January 26, 1998, 10:00a.m. See Chi. Tribune, Jan. 27, 1998, at 1 ("A defiant PresidentClinton wagged his finger at the cameras and thumped the lecternMonday as he insisted he did not have sex with a young WhiteHouse intern or ask her to deny it under oath.").