323. The OIC is aware of no evidence that Mr. Bennett knew that Ms. Lewinsky’s affidavit was false at the time of the President’s deposition.
324. Lewinsky 8/6/98 GJ at 67-69.
325. 849-DC-00000002-10.
326. Ms. Lewinsky said that on October 6, 1997, she had been told by Linda Tripp that a friend of Tripp’s at the National Security Council had reported that Lewinsky would not be getting a White House job. Ms. Lewinsky said that at that point she finally decided to move to New York. Lewinsky 7/31/98 Int. at 9-10.
327. Id. at 10-11.
328. Id. at 11.
329. Lewinsky 8/13/98 Int. at 2-3.
330. Lewinsky 8/6/98 GJ at 103-04.
331. 968-DC-00003569 (Presidential call log).
332. Bowles 4/2/98 GJ at 67.
333. Id. at 70.
334. Podesta 2/5/98 GJ at 31-33, 35, 40-41.
335. Richardson 4/30/98 Depo. at 28.
336. Lewinsky 7/31/98 Int. at 12. Ms. Lewinsky said that she spoke to President Clinton about the phone call on October 23, during which she suggested to the President that she was interested in some job other than at the United Nations. Id. According to Ms. Lewinsky, the President replied that he just wanted her to have some options. Id. Ms. Lewinsky said that she spoke to the President again on October 30 about the interview, in which she expressed anxiety about meeting with the Ambassador. Ms. Lewinsky said that the President told her to call Betty Currie after the interview so he would know how the interview went. Id. at 13.
337. Lewinsky 7/31/98 Int. at 14.
338. Lewinsky 8/26/98 Depo. at 67; Lewinsky 7/31/98 Int. at 14.
339. Lewinsky 7/31/98 Int. at 14.
340. Id. at 15. Ms. Lewinsky related this incident to her friend, Catherine Allday Davis, in a near-contemporaneous email. 1037-DC-00000017. See also Catherine Davis 3/17/98 GJ at 124.
341. Lewinsky 7/31/98 Int. at 14-15.
342. V004-DC-00000135 (Akin Gump phone records); Jordan 5/5/98 GJ at 52-55.
343. Lewinsky 8/6/98 GJ at 26-27 and GJ Exhibit ML-7. Ms. Lewinsky stated that just before Thanksgiving, 1997, she called Betty Currie and asked her to contact Vernon Jordan and prod him along in the job search. Lewinsky 8/4/98 Int. at 8. It was Ms. Lewinsky’s understanding that Jordan was helping her at the request of the President and Ms. Currie. Id.
344. See Clinton 8/17/98 GJ at 84-85. Under the federal witness tampering statutes, it is a crime to corruptly persuade a witness to alter his testimony. See 18 U.S.C. 1503, 1512.
345. 1178-DC-00000026 (WAVES records).
346. Lewinsky 8/4/98 Int. at 2.
347. Jordan 3/3/98 GJ at 48-49.
348. Id. at 65.
349. 921-DC-000000459-66.
350. Lewinsky 8/6/98 GJ at 121-23.
351. Id. at 121; Lewinsky 8/1/98 Int. at 6, 10.
352. Lewinsky 8/6/98 GJ at 127-28.
353. Id. at 138-41; Lewinsky 2/1/98 Statement at 6; cf. Jordan 3/3/98 GJ at 182-90 (recalls discussion of job search only).
354. V002-DC-000000052 (President Clinton’s Supplemental Responses to Plaintiff’s Second Set of Interrogatories).
355. Lewinsky 8/6/98 GJ at 149.
356. Lewinsky 8/6/98 GJ at 151-52; Lewinsky 7/27/98 Int. at 7. This was the same meeting where the President and Ms. Lewinsky discussed their concerns over the Lewinsky subpoena and
its demand for the production of gifts.
357. Sutphen 5/27/98 Depo. at 39; Lewinsky 7/27/98 Int. at 5.
358. Lewinsky 8/6/98 GJ at 191-98, 205-06.
359. Jordan 5/5/98 GJ at 223-25.
360. Id. at 232; Lewinsky 8/6/98 GJ at 209.
361. Lewinsky 8/6/98 GJ at 208-10.
362. Jordan 5/28/98 GJ at 39 (emphasis added).
363. Ms. Jones’s attorney named the “other women” he planned to call at trial:
Mr. Fisher: They would include . . . Monica Lewinsky.
Judge Wright: Can you tell me who she is?
Mr. Fisher: Yes, your Honor.
Judge Wright: I never heard of her.
Mr. Fisher: She’s the young woman who worked in the White House for a period of time and was later transferred to a job in the Pentagon. 1414-DC-00001327-28.
364. 1414-DC-00001334-46.
365. Lewinsky 8/6/98 GJ at 214.
366. Bowles 4/2/98 GJ at 78-79.
367. Hilley 5/19/98 GJ at 74; Hilley 5/26/98 GJ at 11.
368. 830-DC-0000007.
369. 921-DC-00000775-78; 1292-DC-000000661-86.
370. The arrangement may not be explicitly spelled out. In this case, for example, there is no evidence that Ms. Lewinsky received an explicit proposal where someone said, “I’ll give you a job if you lie under oath.”
371. In a recorded conversation, Ms. Lewinsky discussed the job assistance various individuals, including Vernon Jordan, gave Webster Hubbell, and she expressed her concern that someone could similarly consider the assistance she was provided as improper in some manner: “I think somebody could construe, okay? Somebody could construe or say, `Well, they gave her a job to shut her up. They made her happy.’ ” T2 at 11.
372. Clinton 1/17/98 Depo. at 68-69 (emphasis added).
373. Id. at 72 (emphasis added). See also id. at 73 (“(m)y understanding was . . . that she was going to move to New York and that she was looking for some advice (from Jordan) about what she should do when she got there”).
374. Jordan 3/5/98 GJ at 26.
375. Jordan 3/5/98 GJ at 29.
376. 833-DC-0017890 (Pentagon phone records). See also Jordan 3/3/98 GJ at 92-93 (testifying that Ms. Lewinsky called him up and she was “very upset” about “being served with a subpoena in the Paula Jones case”).
377. Jordan 5/5/98 GJ at 142-43.
378. Id. at 133-34. Mr. Jordan had told Ms. Lewinsky to come see him at 5:00 p.m. Lewinsky 8/6/98 GJ at 129. See also Jordan 5/5/98 GJ at 144 (relating why he wanted to tell the President about Ms. Lewinsky’s subpoena).
379. 1178-DC-00000014 (White House phone records); Jordan 5/5/98 GJ at 145.
380. Jordan 5/5/98 GJ at 145-47.
381. Jordan 3/3/98 GJ at 167-69. White House records indicate that Mr. Jordan was scheduled to arrive at 8:00 p.m., and actually arrived at 8:15 p.m. See 1178-DC-00000026 (WAVES record). Mr. Jordan testified, however, that he is certain that he did not arrive at the White House until after 10 p.m. Jordan 5/5/98 GJ at 164.
382. Jordan 3/3/98 GJ at 169.
383. Id. at 172.
384. Jordan 5/5/98 GJ at 221-22.
385. Jordan 3/5/98 GJ at 24-25, 33; Jordan 5/5/98 GJ at 223-26; V004-DC-00000159 (Akin Gump phone records).
386. The affidavit is dated January 7, 1998, so the conversation informing the President that it had been signed could not have occurred any earlier than this date.
387. Jordan 5/5/98 GJ at 224-26.
388. Jordan 3/5/98 GJ at 25. Cf. Jordan 5/5/98 GJ at 225-26 (When President was told Ms. Lewinsky signed affidavit, “(t)here was no elation. There was no celebration.”).
389. Jordan 3/5/98 GJ at 26 (emphasis added).
390. Id. at 125.
391. Clinton 8/17/98 GJ at 73-75.
392. Id. at 75-77.
393. That matter is still under criminal investigation by this Office.
394. Under the federal witness tampering and obstruction of justice statutes, it is a crime to attempt to corruptly persuade another person with intent to influence the person’s testimony in an official proceeding. See 18 U.S.C. Sec. 1503, 1512.
395. Clinton 1/17/98 Depo. at 68.
396. Id. at 70-71.
397. Id. at 72-73, 79.
398. Id. at 80-82.
399. Id. at 212-213.
400. Jones v. Clinton, Order of Judge Susan Webber Wright, January 29, 1998, at 2.
401. Currie 1/24/98 Int. at 8 (“CURRIE advised CLINTON may have mentioned that CURRIE might be asked about LEWINSKY”); Currie 5/6/98 GJ at 118 (Q: “Didn’t the President talk to you about Monica’s name coming up in those cases (Whitewater or Jones v. Clinton)?” BC: “I have a vague recollection of him saying that her name may come up. Either he told me, somebody told me, but I don’t know how it would come up.”).
402. Currie 5/7/98 GJ at 80-81; GJ Exhibit BC 3-10, 1248-DC-00000307 (Presidential Call Log, Jan. 17, 1998). The White House call log indicates that the President called Ms. Currie at 7:02 p.m., they talked at 7:13 p.m., and the call ended at 7:14 p.m. The President returned to the White House from the deposition at 4:26 p.m. 1248-DC-00000288 (Kearney’s logs).
403. Currie 1/27/98 GJ at 65-66. The President confirmed that he called Betty Currie shortly after his deposition, and that he asked her to come in on Sunday, her day off. Clinton 8/17/98 GJ at 148-49. The next day at 1:11 p.m., the President again called Ms. Currie at home. Currie 5/7/98 GJ at 85. GJ Exhibit BC 3-11, 1248-DC-00000311 (Presidential Call Log, Jan. 18, 1998). Ms. Currie could not recall the content of the second call, stating: “He may have called me on Sunday at 1:00 after church to see what time I can actually come in. I don’t know. That’s the best I can recollect.” Id. at 89.
404. Currie 5/7/98 GJ at 91. See also Clinton 8/17/98 GJ at 149 (acknowledging that Ms. Currie normally would not be in the White House on Sunday).
405. Currie 1/27/98 GJ at 70.
406. Currie 1/24/98 Int. at 6.
407. Currie 1/27/98 GJ at 71, 73-74. At different points in the grand jury testimony, there are minor variations in the wording used or agreed to by Ms. Currie in recounting the President’s statements. Compare id. at 71 (“You were always there when Monica was there.” (Currie statement) with id. at 74 (Q: ” `You were always there when she was there, right?’ Is that the way you remember the President stating it to you?” BC: “That’s how I remember him stating it to me.”).
408. Id. at 72.
409. Id. at 72. See also Currie 1/24/98 Int. at 6.
410. Ms. Currie interpreted this last comment as simply a statement, not necessarily one for which the President was seeking her agreement. Currie 1/27/98 GJ at 72-73.
411. Currie 1/27/98 GJ at 71 (Q: “Okay. And then you told us that the President began to ask you a series of questions that were more like statements than questions.” BC: “Right.”).
412. Id. at 72-76.
413. Id.
414. Currie 1/24/98 Int. at 7.
415. Id. at 6.
416. Currie 1/27/98 GJ at 32-34.
417. Id. at 82-83.
418. Id. at 76.
419. Currie 5/7/98 GJ at 99-100. Ms. Lewinsky called Betty Currie shortly after 10:00 p.m., but told Ms. Currie that she could not talk to her that night. Id. at 101.
420. GJ Exhibit BC 3-12, V006-DC-00002068 (call log). The call lasted approximately one minute.
421. Currie 5/7/98 GJ at 102.
422. 831-DC-00000009 (Lewinsky pager records). As the records reflect, Betty Currie used the name Kay or Kate when paging Monica Lewinsky. Lewinsky 8/6/98 GJ at 215-17; Currie 7/22/98 GJ at 148-49.
423. V006-DC-00002069; V006-DC-00002070 (White House telephone records). Ms. Currie testified that she probably called the President to tell him that she had not yet spoken to Ms. Lewinsky. Ms. Currie does not remember the substance of the conversations with the President for either of the calls that he made to her. Currie 5/7/98 GJ at 106-07. The phone calls from the President were approximately one and two minutes in length. That Monday, January 19, was a holiday, and Ms. Currie was not at work.
424. Currie 1/27/98 GJ at 80-82 (emphasis added).
425. Clinton 8/17/98 GJ at 56-57 (emphasis added). See also id. at 131-32 (Q: “You said that you spoke to her in an attempt to refresh your own recollection about the events involving Monica Lewinsky, is that right?” WJC: “Yes.”).
426. Id. at 132-34 (emphasis added).
427. Id. at 134.
428. Id. at 134-35 (emphasis added).
429. Id. at 136-37.
430. The President is referring to the statement he read at the beginning of his grand jury appearance.
431. Id. at 139-40 (emphasis added).
432. Id. at 141-42.
433. Two federal criminal statutes, Sections 1512 and 1503 of Title 18 of the United States Code, prohibit misleading potential witnesses with the intent to influence their grand jury testimony. Section 1512 provides that whoever “corruptly . . . engages in misleading conduct toward another person, with intent to–(1) influence, delay, or prevent the testimony of any person in an official proceeding . . . shall be fined under this title or imprisoned not more than ten years, or both.” 18 U.S.C. Sec. 1512(b). It is no defense to a charge of witness tampering that the official proceeding had not yet begun, nor is it a defense that the testimony sought to be influenced turned out to be inadmissible or subject to a claim of privilege. 18 U.S.C. Sec. 1512(e). Section 1503 provides that whoever “corruptly or by threats or force . . . influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due administration of justice” has committed a felony. 18 U.S.C. Sec. 1503(a)-(b). The Governor of Guam was convicted of witness tampering for lying to a potential witness “intending that (the witness) would offer (the Governor’s) explanation concerning the (illegally used) funds to the FBI.” United States v. Bordallo, 857 F.2d 519, 525 (9th Cir. 1988), amended on other grounds, 872 F.2d 334 (9th Cir.), cert. denied, 493 U.S. 818 (1989).
434. Podesta 2/5/98 GJ at 13. Mr. Podesta has served as Deputy Chief of Staff since January 1997, and previously served as Staff Secretary for the Clinton Administration from 1993 through 1995. Podesta 2/5/98 GJ at 9-10.
435. Podesta 6/16/98 GJ at 84-85.
436. Id. at 85.
437. Id.
438. Id. at 92 (emphasis added).
439. Mr. Podesta dated this conversation as perhaps taking place on January 23, 1998. Podesta 6/16/98 GJ at 88.
440. Id. at 88.
441. Mr. Podesta testified that he was “sensitive about not exchanging information because I knew I was a potential witness.”(442)
442. Podesta 6/23/98 GJ at 79.
443. Podesta 6/16/98 GJ at 94; see also Podesta 6/23/98 GJ at 79.
444. See id. at 79 (emphasis added).
445. Podesta 6/23/98 GJ at 77-78.
446. Bowles 4/2/98 GJ at 12. Mr. Bowles has been the Chief of Staff for President Clinton since January 20, 1997. Id.
447. Id. at 83-84 (emphasis added).
448. Id. at 91.
449. Blumenthal 2/26/98 GJ at 4-5.
450. Blumenthal 6/4/98 GJ at 46-53. (451)
451. Blumenthal GJ 6/4/98 at 48-49. (we should question Morris abt this)
452. Blumenthal 6/4/98 GJ at 49 (emphasis added).
453. Blumenthal 6/25/98 GJ at 41.
454. Blumenthal 6/4/98 GJ at 50.
455. Blumenthal 6/25/98 GJ at 27.
