141. Byrne 7/30/98 GJ at 7-12, 29-32 (alone for 15 to 25 minutes).
142. Muskett 7/21/98 GJ at 9-13, 22-32 (alone on Easter Sunday 1996).
143. The last date that White House records reflect a visit by Ms. Lewinsky is Sunday, December
28, 1997. 827-DC-00000018; V006-DC-00000009.
144. Maes 4/8/98 GJ at 84-89.
145. Clinton 8/17/98 GJ at 9-10 (emphasis added).
146. Id. at 30-33.
147. Id. at 34.
148. Id. at 54.
149. Clinton 1/17/98 Depo. at 58-59.
150. See id. at 52-53, 59.
151. Clinton 8/17/98 GJ at 118; Lewinsky 8/6/98 GJ at 53-55.
152. In criminal law, a feigned lack of memory is sufficient for a perjury conviction. See, e.g., United States v. Chapin, 515 F.2d 1274 (D.C. Cir. 1975); Behrle v. United States, 100 F.2d 174
(D.C. Cir. 1938).
153. Clinton 1/17/98 Depo. at 75 (emphasis added).
154. Clinton 8/17/98 GJ at 36.
155. Lewinsky 8/6/98 GJ at 27-28, 150-51; GJ Exhibit ML-7.
156. FBI Receipt for Property received, 7/29/98.
157. Lewinsky 8/6/98 GJ at 26-28; GJ Exhibit ML-7.
158. Lewinsky 8/6/98 GJ at 151. Ms. Lewinsky’s subpoena directed in part: “Please produce each and every gift including, but not limited to, any and all dresses, accessories, and jewelry, and/or hat pins given to you by, or on behalf of, Defendant Clinton.” 902-DC-00000135-38.
159. Lewinsky 8/6/98 GJ at 33, 152. See also Lewinsky 2/1/98 Statement at 7. In fact, Ms. Lewinsky had told Ms. Tripp about it. Ms. Lewinsky had also discussed the hat pin and the subpoena’s request for the hat pin with Mr. Jordan. Lewinsky 8/6/98 GJ at 132, 140.
160. Currie 5/6/98 GJ at 142 (relating incident where the President asks Ms. Currie about the hat pin he gave to Ms. Lewinsky). After this criminal investigation started, Ms. Currie turned over a box of items–including a hat pin–that had been given to her by Ms. Lewinsky. Ms. Currie understood from Ms. Lewinsky that the box did contain gifts from the President.(161)
161. Ms. Currie confirms the transfer of gifts from Ms. Lewinsky to her. See
Currie GJ testimony, May 6, 1998, at 105-115.
162. Ms. Lewinsky testified that the President had given her a gold brooch, and she made near-contemporaneous statements to Ms. Erbland, Ms. Raines, Ms. Ungvari, and Ms. Tripp regarding the gift. Lewinsky 8/6/98 GJ at 26-28; GJ Exhibit ML-7; Erbland 2/12/98 GJ at 41; Raines 1/29/98 GJ at 53-55; Ungvari 3/19/98 GJ at 44; Tripp 7/29/98 GJ at 105.
163. Ms. Lewinsky testified that Leaves of Grass was “the most sentimental gift he had given me.”(164)
164. Lewinsky GJ, Aug. 6, 1998, at 156. (165)
165. Davis GJ 30-31; Erbland GJ 40-41; Finerman depo 15-16; Marcia Lewis GJ 2/10/98 at 51-52; Lewis GJ 2/11/98 at 10 (“(S)he liked the book of poetry very much.”). Raines GJ 53-55. At the deposition, the President was asked if he had given Ms. Lewinsky a book about Walt Whitman rather than by him. WJC depo at 75-76.
166. Lewinsky 8/6/98 GJ at 27; GJ Exhibit ML-7.
167. Lewinsky 8/26/98 Depo. at 15-16; Lewinsky 8/6/98 GJ at 27; GJ Exhibit ML-7; Finerman Depo. 3/18/98 at 13-17; Ungvari 3/19/98 GJ at 43-44.
168. Clinton 1/17/98 Depo. at 76-77 (emphasis added). (169)
169. Clinton 1/17/98 Depo. at 76-77.
170. Lewinsky 8/6/98 GJ at 27-28, GJ Exhibit ML-7; Lewinsky 7/27/98 Int. at 12-14.
171. Lewinsky 8/6/98 GJ at 235-36.
172. Id. at 27, 150; GJ Exhibit ML-7.
173. V002-DC-00000475 (Letter to OIC, 3/16/98).
174. Lewinsky 8/6/98 GJ at 27; GJ Exhibit ML-7. See also Lewinsky 7/27/98 Int. at 14.
175. Lewinsky 8/6/98 GJ at 185.
176. Letter from David Kendall to OIC, August 3, 1998.
177. V002-DC-00000471. Ms. Lewinsky testified that she bought and gave the President that book in early January 1998, and that when she talked to him on January 5, 1998, he acknowledged that he had received the book.(178)
178. Lewinsky 8/6/98 GJ at 189-192.
179. V002-DC-0000003.
180. Lewinsky 8/6/98 GJ at 27-28, 109; GJ Exhibit ML-7.
181. Id.; Lewinsky 8/6/98 GJ at 26-28; Lewinsky 7/27/98 Int. at 13. The President did not turn over this antique book in response to a subpoena.
182. Lewinsky 8/6/98 GJ at 27-28; GJ Exhibit ML-7. The President did not produce The Notebook in response to a subpoena.
183. Lewinsky 8/6/98 GJ at 27-28, 182-183; GJ Exhibit ML-7. Ms. Lewinsky saw a copy of the book in the President’s study in November 1997. Lewinsky 8/6/98 GJ at 183. White House records list Oy Vey and Vox on an October 10, 1997, catalog of books in the West Wing.(184)
184. 1361-DC-00000002 (Catalog of Books in the West Wing Presidential Study as of 10 October 1997).
185. Lewinsky 8/6/98 GJ at 27-28, 183-84; Lewinsky 7/27/98 Int. at 13; GJ Exhibit ML-7. Ms. Lewinsky testified that she had seen the book in the President’s study in November 1997.(186)
186. Lewinsky 8/6/98 GJ at 183-84.
187. Id. at 27-28, 183-84; Lewinsky 7/27/98 Int. at 12-13; GJ Exhibit ML-7.
188. Lewinsky 8/6/98 GJ at 26-28; GJ Exhibit ML-7.
189. These included a Sherlock Holmes game sometime after Christmas 1996; a golf ball and tees on February 28, 1997; after the President injured his leg in March 1997, a care package filled with whimsical gifts, such as a magnet with the Presidential seal for his metal crutches, a license plate with “Bill” for his wheelchair, and knee pads with the Presidential seal; a Banana Republic casual shirt and a puzzle on golf mysteries on May 24, 1997; the card game “Royalty” in mid-August 1997; shortly before Halloween of 1997, a package filled with Halloween-related items, such as a pumpkin lapel pin, a wooden letter opener with a frog on the handle, and a plastic pumpkin filled with candy; and on December 6, 1997, a Starbucks Santa Monica mug and a Hugs and Kisses box. Lewinsky 8/6/98 GJ at 27-28; GJ Exhibit ML-7; Lewinsky 7/27/97 Int. at 12-15.
190. Clinton 8/17/98 GJ at 47.
191. Id. at 34-36.
192. Id. at 173 (emphasis added). The President testified that “to his knowledge” he has turned over all the gifts that Ms. Lewinsky gave him. Id. at 154-155.
193. Id. at 172-173.
194. Currie 5/6/98 GJ at 88-89; see also id. at 184; Currie 5/14/98 GJ at 78. Courier receipts show that Ms. Lewinsky sent nine packages to Ms. Currie. See 0837-DC-00000001 to 0837-DC-00000027.
195. T1 at 63-64.
196. Currie GJ 5/6/98 at 88-89; see also Currie GJ 5/14/98 at 78.
197. Currie 5/6/98 GJ at 129.
198. Currie 5/14/98 GJ at 145.
199. In his grand jury testimony, the President said that this question at his civil deposition confused him and that he thought that the questioner was asking whether he could list specific gifts he had given her rather than whether he had ever given Ms. Lewinsky a gift. Clinton 8/17/98 GJ at 51-52. Even if that explanation were credited, the President’s answer to the hat pin question is inaccurate, particularly because he had discussed it with Ms. Lewinsky on December 28, according to her testimony.
200. Clinton 1/17/98 Depo. at 75.
201. Lewinsky 8/6/98 GJ at 167.
202. Clinton 1/17/98 Depo. at 70-71 (emphasis added).
203. Lewinsky 8/6/98 GJ at 123; Lewinsky 8/26/98 Depo. at 57-58; Lewinsky 2/1/98 Statement at 4.
204. Lewinsky 8/6/98 GJ at 123-24; Lewinsky 2/1/98 Statement at 4 (“When asked what to do if she was subpoenaed, the Pres. suggested she could sign an affidavit to try to satisfy their inquiry and not be deposed.”).
205. Lewinsky 8/6/98 GJ at 123 (emphasis added); Lewinsky 2/1/98 Statement at 4 (“In general, Ms. L. should say she visited the WH to see Ms. Currie and, on occasion when working at the WH, she brought him letters when no one else was around.”).
206. Lewinsky 8/6/98 GJ at 123-24.
207. Jordan 5/5/98 GJ at 136, 142, 144-45; Lewinsky 8/6/98 GJ at 133, 135.
208. Lewinsky 8/6/98 GJ at 151-52; Lewinsky 8/20/98 GJ at 65-66; Lewinsky 2/1/98 Statement at 6.
209. Lewinsky 8/6/98 GJ at 152; Lewinsky 8/20/98 GJ at 66.
210. Lewinsky 8/6/98 GJ at 152; Lewinsky 8/20/98 GJ at 66. See also Lewinsky 8/1/98 Int. at 11 (noting that the President said something like “I don’t know” or “I’ll think about it”).
211. Lewinsky 8/6/98 GJ at 154-59. See also Lewinsky 8/1/98 Int. at 11-12.
212. (213)
213. Although Vernon Jordan is an attorney, he has clearly stated that “I have never represented William Jefferson Clinton as an attorney.” Jordan GJ, March 3, 1998, at 8. Thus, the questions that excluded the President’s lawyers from their scope did not exclude Vernon Jordan.
214. Clinton 8/17/98 GJ at 33.
215. Id. at 36-37 (emphasis added).
216. Id. at 39-40 (emphasis added).
217. Clinton 1/17/98 Depo. at 68.
218. Id. (emphasis added).
219. Jordan 5/5/98 GJ at 144; Lewinsky 8/6/98 GJ at 138-39.
220. Clinton 8/17/98 GJ at 36 (emphasis added).
221. Lewinsky 8/6/98 GJ at 149-153, 191-192, 195-198; Lewinsky 8/20/98 GJ at 35-36, 47, 49, 65-66.
222. Clinton 8/17/98 GJ at 106.
223. See 18 U.S.C. 1503, 1512, 1621.
224. Lewinsky 8/6/98 GJ at 121-26.
225. Id. at 126; Lewinsky 8/20/98 GJ at 70.
226. 920-DC-00000013-18.
227. 920-DC-00000018.
228. Lewinsky 8/6/98 GJ at 132.
229. Id. at 132.
230. Id. at 133.
231. Jordan 3/3/98 GJ at 159. Mr. Jordan stated that Ms. Lewinsky was crying both on the telephone earlier that day and then again in his office. Id. at 149-150.
232. Lewinsky 8/6/98 GJ at 149.
233. Id. at 149.
234. Id. at 152. This statement was false. Ms. Lewinsky had “in fact . . . told people about the hat pin.”
235. Id. at 152. In a later grand jury appearance, Ms. Lewinsky again described the conversation, and said “I don’t remember his response. I think it was something like, `I don’t know,’ or `Hmm’ or–there really was no response.” Lewinsky 8/20/98 GJ at 66.
236. Lewinsky 8/26/98 Depo. at 58.
237. Lewinsky 8/6/98 GJ at 166-67 (emphasis added).
238. Id. at 154; Lewinsky 8/20/98 GJ at 71.
239. Lewinsky 8/6/98 GJ at 154-55.
240. Lewinsky 2/1/98 Statement at 7 (emphasis added); see also Lewinsky 8/6/98 GJ at 179; Lewinsky 8/20/98 GJ at 62 (“I was truthful in my (February 1) proffer”).
241. Lewinsky 8/6/98 GJ at 155.
242. Id. at 154.
243. Currie 1/27/98 GJ at 57-58.
244. Currie 5/6/98 GJ at 105-06.
245. Id. at 126 (emphasis added).
246. Id. at 108.
247. Lewinsky 8/6/98 GJ at 156-58.
248. Id. at 158.
249. Currie 5/6/98 GJ at 105, 107-08.
250. Lewinsky 8/20/98 GJ at 72-73.
251. Lewinsky 8/6/98 GJ at 158.
252. FBI Receipt for Property Received, 1/23/98; 824-DC-00000001-2 (letter from Karl Metzner, attorney for Betty Currie, dated 1/23/98, to the OIC, listing items in the box).
253. Clinton 8/17/98 GJ at 43-44 (emphasis added). In his grand jury testimony, the President repeated this “whatever you have” language several times. Id. at 45, 46-47, 115.
254. Id. at 51.
255. Id. at 114-15.
256. Id. at 46-47.
257. Id. at 46.
258. Ms. Currie testified that she was taking St. John’s Wort to try to remember, but it was not helping. Currie 7/22/98 GJ at 172.
259. Lewinsky 2/1/98 Statement at 7 (emphasis added).
260. Lewinsky 8/6/98 GJ at 154-55; see also Lewinsky 8/20/98 GJ at 70-72.
261. Currie 5/6/98 GJ at 126.
262. Lewinsky 9/3/98 Int. at 2.
263. Id.
264. Id. In addition, under her immunity agreement, Ms. Lewinsky has no apparent motive to shift blame on this issue. In fact, just the opposite. If the truth were that she had called Ms. Currie, she could have said as much, and it would not have affected Ms. Lewinsky’s legal rights or obligations at all. Moreover, she stated that does not want to harm the President with her truthful testimony. Lewinsky 8/26/98 Depo. at 69.
265. Currie 5/6/98 GJ at 108.
266. Currie 5/6/98 GJ at 32; see also id. at 44, 45.
267. Clinton 8/17/98 GJ at 106.
268. Clinton 1/17/98 Depo. at 75.
269. Lewinsky 8/20/98 GJ at 5 (Ms. Lewinsky could not visit the President unless Ms. Currie cleared her in); see also Lewinsky 7/31/98 Int. at 4-5 (Currie was “in the loop” when it came to keeping Lewinsky’s relationship with the President discreet); Currie GJ 5/6/98 at 14-15, 57-58, 97-98.
270. Lewinsky 8/6/98 GJ at 189-91, 197-98.
271. Id. at 189, 198.
272. Lewinsky 9/3/98 Int. at 2.
273. Lewinsky 8/6/98 GJ at 198.
274. Id.
275. V0002-DC-0000093-116.
276. Clinton 8/17/98 GJ at 127.
277. Id. at 49-50.
278. President Clinton also committed perjury before the grand jury if he was involved in the concealment of the gifts.
279. Lewinsky 8/6/98 GJ at 121-22.
280. Id. at 122-23.
281. Lewinsky 2/1/98 Statement at 4.
282. Lewinsky 8/19/98 Int. at 4-5; see also Lewinsky 8/6/98 GJ at 123.
283. Id. at 124.
284. Id. at 234 (emphasis added).
285. Id. at 145-48.
286. Lewinsky Affidavit, Jan. 7, 1998, 8 (849-DC-00000634).
287. Ms. Lewinsky spoke to one of her friends, Catherine Allday Davis in early January. Ms. Lewinsky informed her of her situation. Ms. Davis said that “I was very scared for her” and “I didn’t want to see her being like Susan McDougal.” Catherine Davis 3/17/98 GJ at 80. Ms. Davis said that she did not want Monica “to lie to protect the President.” Id. at 173.
288. Lewinsky 2/1/98 Statement at 9; see also Lewinsky 8/19/98 Int. at 4.
289. Jordan 5/5/98 GJ at 223-25.
290. Id. at 223-25.
291. Carter 6/18/98 GJ at 113.
292. Clinton 1/17/98 Depo. at 54.
293. Id. at 54.
294. Id. at 204 (emphasis added).
295. Clinton 8/17/98 GJ at 120. See also id. at 82 (“I was glad she saw a lawyer. I was glad she was doing an affidavit.”).
296. Clinton 8/17/98 GJ at 117.
297. Id. at 22 (emphasis added).
298. Id. at 25.
299. Id. at 30.
300. Id. at 59 (emphasis added).
301. Id. at 20.
302. Id. at 61.
303. Id. at 61-62.
304. Id. at 26.
305. Lewinsky 8/6/98 GJ at 53-54 (Q: “When you say that you planned to bring papers, did you ever discuss with the President the fact that you would try to use that as a cover?” ML: “Yes.”).
306. Muskett 7/21/98 GJ at 25-26, 83, 89-90; Fox 2/17/98 GJ at 34-35.
307. Householder 8/13/98 GJ at 11; Byrne 7/30/98 GJ at 9, 16, 30, 37; Garabito 7/30/98 GJ at 17. Other Secret Service officers testified that they saw Ms. Lewinsky in the West Wing carrying paperwork. Moore 7/30/98 GJ at 25-26; Overstreet 8/11/98 GJ at 7; Wilson 7/23/98 GJ at 32.
308. Lewinsky 8/6/98 GJ at 54-55.
309. Id. at 55.
310. Id. at 27-28; GJ Exhibit ML-7. Ms. Lewinsky testified that she met with the President in private after she left her position at the White House on eleven dates in 1997: February 28 (following the radio address), March 29, May 24, July 4, July 14, July 24, August 16, October 11, November 13, December 6, and December 28.
311. See Appendix, Tab E (Table of Recorded Visits).
312. Lewinsky 8/6/98 GJ at 55.
313. Clinton 8/17/98 GJ at 117.
314. Lewinsky 8/6/98 GJ at 123.
315. Id. at 123-24 (emphasis added).
316. Clinton 1/17/98 at 50-51 (emphasis added).
317. Id. at 52-53.
318. Id. at 192-93 (emphasis added).
319. Id. at 197.
320. Clinton 8/17/98 GJ at 119.
321. Id. at 117. According to Ms. Lewinsky, this was the conversation in which the President told her that her name was on the Jones witness list, and in which she and the President discussed her filing an affidavit and the continued use of cover stories. Lewinsky 8/6/98 GJ at 121-23.
322. Clinton 8/17/98 GJ at 118, 119-20 (emphasis added). The President repeated at several other points in his testimony that he did not remember what he said to Ms. Lewinsky in the phone conversation on December 17. See id. at 117 (“I don’t remember exactly what I told her that night.”); id. at 118-19 (“you are trying to get me to characterize something (the cover stories) that I’m–that I don’t know if I said or not”).
