Q: [I]s oral sex performed on you within that definition as you understood it, the definition in the Jones --

A: As I understood it, it was not; no.⁽¹⁰⁶⁾

The President thus contended that he had not committed perjury on that question in the Jones deposition -- even assuming that Monica Lewinsky performed oral sex on him.

There still was the question of his contact with Ms. Lewinsky's breasts and genitalia, which the President conceded would fall within the Jones definition of sexual relations. The President denied that he had engaged in such activity and said, in effect, that Monica Lewinsky was lying:

Q: The question is, if Monica Lewinsky says that while you were in the Oval Office area you touched her breasts would she by lying?

A: That is not my recollection. My recollection is that I did not have sexual relations with Ms. Lewinsky and I'm staying on my former statement about that. . . . My, my statement is that I did not have sexual relations as defined by that.

Q: If she says that you kissed her breasts, would she be lying?

A: I'm going to revert to my former statement [that is, the prepared statement denying "sexual relations"].

Q: Okay. If Monica Lewinsky says that while you were in the Oval Office area you touched her genitalia, would she be lying? And that calls for a yes, no, or reverting to your former statement.

A: I will revert to my former statement on that.⁽¹⁰⁷⁾

The President elaborated that he considered kissing or touching breasts or genitalia during sexual activity to be covered by the Jones definition, but he denied that he had ever engaged in such conduct with Ms. Lewinsky:

Q: So touching, in your view then and now -- the person being deposed touching or kissing the breast of another person would fall within the definition?

A: That's correct, sir.

Q: And you testified that you didn't have sexual relations with Monica Lewinsky in the Jones deposition, under that definition, correct?

A: That's correct, sir.

Q: If the person being deposed touched the genitalia of another person, would that be -- and with the intent to arouse the sexual desire, arouse or gratify, as defined in definition (1), would that be, under your understanding then and now --

A: Yes, sir.

Q: -- sexual relations.

A: Yes, sir.

Q: Yes it would?

A: Yes it would. If you had a direct contact with any of these places in the body, if you had direct contact with intent to arouse or gratify, that would fall within the definition.

Q: So you didn't do any of those three things --

A: You --

Q: -- with Monica Lewinsky.

A: You are free to infer that my testimony is that I did not have sexual relations, as I understood this term to be defined.

Q: Including touching her breast, kissing her breast, touching her genitalia?

A: That's correct.⁽¹⁰⁸⁾

C. Summary

In the foregoing testimony to the grand jury, the President lied under oath three times.

1. The President testified that he believed oral sex was not covered by any of the terms and definitions for sexual activity used at the Jones deposition. That testimony is not credible: At the Jones deposition, the President could not have believed that he was telling "the truth, the whole truth, and nothing but the truth" in denying a sexual relationship, sexual relations, or a sexual affair with Monica Lewinsky.

2. In all events, even putting aside his definitional defense, the President made a second false statement to the grand jury. The President's grand jury testimony contradicts Ms. Lewinsky's grand jury testimony on the question whether the President touched Ms. Lewinsky's breasts or genitalia during their sexual activity. There can be no contention that one of them has a lack of memory or is mistaken. On this issue, either Monica Lewinsky lied to the grand jury, or President Clinton lied to the grand jury. Under any rational view of the evidence, the President lied to the grand jury.

First, Ms. Lewinsky's testimony about these encounters is detailed and specific. She described with precision nine incidents of sexual activity in which the President touched and kissed her breasts and four incidents involving contacts with her genitalia.

Second, Ms. Lewinsky has stated repeatedly that she does not want to hurt the President by her testimony.⁽¹⁰⁹⁾ Thus, if she had exaggerated in her many prior statements, she presumably would have said as much, rather than adhering to those statements. She has confirmed those details, however, even though it clearly has been painful for her to testify to the details of her relationship with the President.

Third, the testimony of many of her friends, family members, and counselors corroborate her testimony in important detail. Many testified that Ms. Lewinsky had told them that the President had touched her breasts and genitalia during sexual activity. These statements were made well before the President's grand jury testimony rendered these precise details important. Ms. Lewinsky had no motive to lie to these individuals (and obviously not to counselors). Indeed, she pointed out to many of them that she was upset that sexual intercourse had not occurred, an unlikely admission if she were exaggerating the sexual aspects of their relationship.

Fourth, a computer file obtained from Ms. Lewinsky's home computer contained a draft letter that referred in one place to their sexual relationship. The draft explicitly refers to "watching your mouth on my breast" and implicitly refers to direct contact with Ms. Lewinsky's genitalia.⁽¹¹⁰⁾ This draft letter further corroborates Ms. Lewinsky's testimony and indicates that the President's grand jury testimony is false.

Fifth, as noted above, the President's "hands-off" scenario -- in which he would have received oral sex on nine occasions from Ms. Lewinsky but never made direct contact with Ms. Lewinsky's breasts or genitalia -- is implausible. As Ms. Lewinsky herself testified, it suggests that she and the President had some kind of "service contract -- that all I did was perform oral sex on him and that that's all this relationship was."⁽¹¹¹⁾ But as the above descriptions and the Narrative explain, the nature of the relationship, including the sexual relationship, was far more than that.

Sixth, in the grand jury, the President had a motive to lie by denying he had fondled Ms. Lewinsky in intimate ways. The President clearly sought to deny any acts that would show that he committed perjury in his civil case (implying that the President understood how seriously the public and the courts would view perjury in a civil case). To do that, the President had to deny touching Ms. Lewinsky's breasts or genitalia -- no matter how implausible his testimony to that effect might be.

Seventh, the President refused to answer specific questions before the grand jury about what activity he did engage in (as opposed to what activity he did not engage in) -- even though at the Jones deposition only seven months before, his attorney stated that he was willing to answer specific questions when there was a sufficient factual predicate.⁽¹¹²⁾ The President's failure in the grand jury to answer specific follow-up questions suggests that he could not supply responses in a consistent or credible manner.

3. Finally, the President made a third false statement to the grand jury about his sexual relationship with Monica Lewinsky. He contended that the intimate contact did not begin until 1996. Ms. Lewinsky has testified that it began November 15, 1995, during the government shutdown -- testimony corroborated by statements she made to friends at the time.⁽¹¹³⁾ A White House photograph of the evening shows the President and Ms. Lewinsky eating pizza.⁽¹¹⁴⁾ White House records show that Ms. Lewinsky did not depart the White House until 12:18 a.m. and show that the President was in the Oval Office area until 12:35 a.m.⁽¹¹⁵⁾

Ms. Lewinsky was still an intern when she says the President began receiving oral sex from her, whereas she was a full-time employee by the time that the President admits they began an "inappropriate intimate" relationship. The motive for the President to make a false statement about the date on which the sexual relationship started appears to have been that the President was unwilling to admit sexual activity with a young 22-year-old White House intern in the Oval Office area. Indeed, Ms. Lewinsky testified that, at that first encounter, the President tugged at her intern pass. He said that "this" may be a problem; Ms. Lewinsky interpreted that statement to reflect his awareness that there would be a problem with her obtaining access to the West Wing.⁽¹¹⁶⁾

For all these reasons, there is substantial and credible information that the President lied to the grand jury about his sexual relationship with Monica Lewinsky.⁽¹¹⁷⁾

III. There is substantial and credible information that President Clinton lied under oath during his civil deposition when he stated that he could not recall being alone with Monica Lewinsky and when he minimized the number of gifts they had exchanged.

The President testified to the grand jury and stated to the Nation on August 17 that his testimony in his civil deposition had been "legally accurate." Even apart from his answers about the sexual relationship, the President's deposition testimony was inaccurate on several other points.

During President Clinton's deposition in the Jones case, Ms. Jones's attorneys asked the President many detailed questions about the nature of his relationship with Ms. Lewinsky, apart from whether the relationship was sexual. The questions included: (i) whether the President had been alone with Ms. Lewinsky in the White House and, if so, how many times; and (ii) whether he and Ms. Lewinsky exchanged gifts.⁽¹¹⁸⁾ Both issues were important in determining the nature of the relationship.⁽¹¹⁹⁾

There is substantial and credible information that the President lied under oath about those subjects.

A. There is substantial and credible information that President Clinton lied under oath when he testified that he could not specifically recall instances in which he was alone with Monica Lewinsky.

1. The President's Civil Deposition Testimony

President Clinton was asked at his deposition whether he had ever been alone with Ms. Lewinsky. He testified as follows:

Q: . . . At any time were you and Monica Lewinsky together alone in the Oval Office?

[videotape shows approximately five-second pause before answer]

WJC: I don't recall, but as I said, when she worked at the legislative affairs office, they always had somebody there on the weekends. I typically worked some on the weekends. Sometimes they'd bring me things on the weekends. She -- it seems to me she brought things to me once or twice on the weekends. In that case, whatever time she would be in there, drop it off, exchange a few words and go, she was there. I don't have any specific recollections of what the issues were, what was going on, but when the Congress is there, we're working all the time, and typically I would do some work on one of the days of the weekends in the afternoon.

Q: So I understand, your testimony is that it was possible, then, that you were alone with her, but you have no specific recollection of that ever happening?

WJC: Yes, that's correct. It's possible that she, in, while she was working there, brought something to me and that at the time she brought it to me, she was the only person there. That's possible.⁽¹²⁰⁾

The President also was asked whether he had ever been alone with Ms. Lewinsky in the hallway that runs from the Oval Office, past the study, to the dining room and kitchen area.⁽¹²¹⁾

Q: At any time were you and Monica Lewinsky alone in the hallway between the Oval Office and this kitchen area?

WJC: I don't believe so, unless we were walking back to the back dining room with the pizza.⁽¹²²⁾ I just, I don't remember. I don't believe we were alone in the hallway, no.⁽¹²³⁾

The President was then asked about any times he may have been alone in any room with Ms. Lewinsky:

Q: At any time have you and Monica Lewinsky ever been alone together in any room of the White House?

WJC: I think I testified to that earlier. I think that there is a, it is -- I have no specific recollection, but it seems to me that she was on duty on a couple of occasions working for the legislative affairs office and brought me some things to sign, something on the weekend. That's -- I have a general memory of that.⁽¹²⁴⁾

2. Evidence That Contradicts the President's Testimony

In the seven months preceding the President's grand jury testimony on August 17, the OIC gathered substantial and credible information that the President lied under oath in his deposition statements about being alone with Monica Lewinsky.

First, Monica Lewinsky testified before the grand jury that she was alone with the President on numerous occasions⁽¹²⁵⁾ and in numerous areas, including the Oval Office,⁽¹²⁶⁾ Nancy Hernreich's office,⁽¹²⁷⁾ the President's private study,⁽¹²⁸⁾ the private bathroom across from the study,⁽¹²⁹⁾ and the hallway that leads from the Oval Office to the private dining room.⁽¹³⁰⁾ Ms. Lewinsky confirmed that she and the President were alone during sexual activity.⁽¹³¹⁾

Second, Betty Currie testified that President Clinton and Ms. Lewinsky were alone together in the Oval Office area a number of times.⁽¹³²⁾ She specifically remembered three occasions when the President and Ms. Lewinsky were alone together: February 28, 1997,⁽¹³³⁾ early December 1997,⁽¹³⁴⁾ and December 28, 1997.⁽¹³⁵⁾

Third, six current or former members of the Secret Service testified that the President and Ms. Lewinsky were alone in the Oval Office area -- Robert Ferguson,⁽¹³⁶⁾ Lewis Fox,⁽¹³⁸⁾ William Bordley,⁽¹³⁹⁾ Nelson Garabito,⁽¹⁴⁰⁾ Gary Byrne,⁽¹⁴¹⁾ and John Muskett.⁽¹⁴²⁾

Fourth, White House steward Glen Maes testified that on some weekend day after Christmas 1997,⁽¹⁴³⁾ the President came out of the Oval Office, saw Ms. Lewinsky with a gift, and escorted her into the Oval Office. Mr. Maes testified that the President and Ms. Lewinsky were alone together for approximately eight minutes, and then Ms. Lewinsky left.⁽¹⁴⁴⁾

3. The President's Grand Jury Testimony

On August 17, 1998, the President testified to the grand jury and began his testimony by reading a statement admitting that he had been alone with Ms. Lewinsky:

When I was alone with Ms. Lewinsky on certain occasions in early 1996 and once in early 1997, I engaged in conduct that was wrong.⁽¹⁴⁵⁾

The President acknowledged being alone with Ms. Lewinsky on multiple occasions, although he could not pinpoint the precise number.⁽¹⁴⁶⁾ Perhaps most important, the President admitted that he was alone with Ms. Lewinsky on December 28, 1997,⁽¹⁴⁷⁾ less than three weeks before his deposition in the Jones case. Indeed, he acknowledged that he would have to have been an "exhibitionist" for him not to have been alone with Ms. Lewinsky when they were having sexual encounters.⁽¹⁴⁸⁾

4. Summary

Substantial and credible information demonstrates that the President made three false statements under oath in his civil deposition regarding whether he had been alone with Ms. Lewinsky.

First, the President lied when he said "I don't recall" in response to the question whether he had ever been alone with Ms. Lewinsky. The President admitted to the grand jury that he had been alone with Ms. Lewinsky. It is not credible that he actually had no memory of this fact six months earlier, particularly given that they were obviously alone when engaging in sexual activity.

Second, when asked whether he had been alone with Ms. Lewinsky in the hallway in the Oval Office, the President answered, "I don't believe so, unless we were walking back to the back dining room with the pizza."⁽¹⁴⁹⁾ That statement, too, was false: Most of the sexual encounters between the President and Ms. Lewinsky occurred in that hallway (and on other occasions, they walked through the hallway to the dining room or study), and it is not credible that the President would have forgotten this fact.

Third, the President suggested at his civil deposition that he had no specific recollection of being alone with Ms. Lewinsky in the Oval Office, but had a general recollection that Ms. Lewinsky may have brought him "papers to sign" on certain occasions when she worked at the Legislative Affairs Office.⁽¹⁵⁰⁾ This statement was false. Ms. Lewinsky did not bring him papers for official purposes. To the contrary, "bringing papers" was one of the sham "cover stories" that the President and Ms. Lewinsky had originally crafted to conceal their sexual relationship.⁽¹⁵¹⁾ The fact that the President resorted to a previously designed cover story when testifying under oath at the Jones deposition confirms that he made these false denials in a calculated manner with the intent and knowledge that they were false.

The President had an obvious motive to lie in this respect. He knew that it would appear odd for a President to have been alone with a female intern or low-level staffer on so many occasions. Such an admission might persuade Judge Wright to deny any motion by Ms. Lewinsky to quash her deposition subpoena. It also might prompt Ms. Jones's attorneys to oppose efforts by Ms. Lewinsky not to be deposed and to ask specific questions of Ms. Lewinsky about the times she was alone with the President. It also might raise questions publicly if and when the President's deposition became public; at least parts of the deposition were likely to become public at trial, if not at the summary judgment stage.

Because lying about their sexual relationship was insufficient to avoid raising further questions, the President also lied about being alone with Ms. Lewinsky -- or at least feigned lack of memory as to specific occurrences.⁽¹⁵²⁾

B. There is substantial and credible information that the President lied under oath in his civil deposition about gifts he exchanged with Monica Lewinsky.

During his civil deposition, the President also was asked several questions about gifts he and Monica Lewinsky had exchanged. The evidence demonstrates that he answered the questions falsely. As with the questions about being alone, truthful answers to these questions would have raised questions about the nature of the relationship. Such answers also would have been inconsistent with the understanding of the President and Ms. Lewinsky that, in response to her subpoena, Ms. Lewinsky would not produce all of the gifts she had received from the President (an issue discussed more fully in Ground V).

1. The President's Civil Deposition Testimony About His Gifts to Monica Lewinsky

During the President's deposition in the Jones case, Ms. Jones's attorneys asked several questions about whether he had given gifts to Monica Lewinsky.

Q: Well, have you ever given any gifts to Monica Lewinsky?

WJC: I don't recall. Do you know what they were?

Q: A hat pin?

WJC: I don't, I don't remember. But I certainly, I could have.

Q: A book about Walt Whitman?

WJC: I give -- let me just say, I give people a lot of gifts, and when people are around I give a lot of things I have at the White House away, so I could have given her a gift, but I don't remember a specific gift.

Q: Do you remember giving her a gold broach?

WJC: No.⁽¹⁵³⁾

2. Evidence that Contradicts the President's Civil Deposition Testimony

(i) Just three weeks before the President's deposition, on December 28, 1997, President Clinton gave Ms. Lewinsky a number of gifts, the largest number he had ever given her.⁽¹⁵⁴⁾ They included a large Rockettes blanket, a pin of the New York skyline, a marble-like bear's head from Vancouver, a pair of sunglasses, a small box of cherry chocolates, a canvas bag from the Black Dog, and a stuffed animal wearing a T-shirt from the Black Dog.⁽¹⁵⁵⁾ Ms. Lewinsky produced the Rockettes blanket, the bear's head, the Black Dog canvas bag, the Black Dog stuffed animal, and the sunglasses to the OIC on July 29, 1998.⁽¹⁵⁶⁾

(ii) The evidence also demonstrates that the President gave Ms. Lewinsky a hat pin as a belated Christmas gift on February 28, 1997.⁽¹⁵⁷⁾ The President and Ms. Lewinsky discussed the hatpin on December 28, 1997, after Ms. Lewinsky received a subpoena calling for her to produce all gifts from the President, including any hat pins.⁽¹⁵⁸⁾ In her meeting with the President on December 28, 1997, according to Ms. Lewinsky, "I mentioned that I had been concerned about the hat pin being on the subpoena and he said that that had sort of concerned him also and asked me if I had told anyone that he had given me this hat pin and I said no."⁽¹⁵⁹⁾ The President's secretary Betty Currie also testified that she had previously discussed the hat pin with the President.⁽¹⁶⁰⁾

(iii) Ms. Lewinsky testified that the President gave her additional gifts over the course of their relationship, such as a brooch,⁽¹⁶²⁾ the book Leaves of Grass by Walt Whitman,⁽¹⁶³⁾ an Annie Lennox compact disk,⁽¹⁶⁶⁾ and a cigar.⁽¹⁶⁷⁾

3. President's Civil Deposition Testimony About Gifts from Monica Lewinsky to the President

When asked at his civil deposition in the Jones case whether Monica Lewinsky had ever given him gifts, President Clinton testified as follows:

Q: Has Monica Lewinsky ever given you any gifts?

WJC: Once or twice. I think she's given me a book or two.

Q: Did she give you a silver cigar box?

WJC: No.

Q: Did she give you a tie?

WJC: Yes, she has given me a tie before. I believe that's right. Now, as I said, let me remind you, normally when I get these ties, I get ties, you know, together, and then they're given to me later, but I believe that she has given me a tie.⁽¹⁶⁸⁾

>

4. Evidence that Contradicts the President's Testimony

(i) Monica Lewinsky's Testimony

The evidence reveals that Ms. Lewinsky gave the President approximately 38 gifts; she says she almost always brought a gift or two when she visited.⁽¹⁷⁰⁾

a. Ms. Lewinsky testified before the grand jury that she gave the President six neckties.⁽¹⁷¹⁾

b. Ms. Lewinsky testified that she gave the President a pair of sunglasses on approximately October 22, 1997.⁽¹⁷²⁾ The President's attorney, David E. Kendall, stated in a letter on March 16, 1998: "We believe that Ms. Lewinsky might have given the President a few additional items, such as ties and a pair of sunglasses, but we have not been able to locate these items."⁽¹⁷³⁾

c. On November 13, 1997, Ms. Lewinsky gave the President an antique paperweight that depicted the White House.⁽¹⁷⁴⁾ Ms. Lewinsky testified that on December 6, 1997, and possibly again on December 28, 1997, she saw this paperweight in the dining room, where the President keeps many items of political memorabilia.⁽¹⁷⁵⁾ The President turned over the paperweight to the OIC in response to a second subpoena calling for it.⁽¹⁷⁶⁾

d. Ms. Lewinsky gave the President at least seven books:

The Presidents of the United States, on January 4, 1998;⁽¹⁷⁷⁾

• Our Patriotic President: His Life in Pictures, Anecdotes, Sayings, Principles and Biography,⁽¹⁷⁹⁾ on December 6, 1997;⁽¹⁸⁰⁾

• an antique book on Peter the Great, on August 16, 1997;⁽¹⁸¹⁾

The Notebook, on August 16, 1997;⁽¹⁸²⁾

• Oy Vey, in early 1997;⁽¹⁸³⁾

• a small golf book, in early 1997;⁽¹⁸⁵⁾ and

her personal copy of Vox, a novel about phone sex, on March 29, 1997.⁽¹⁸⁷⁾

e. Ms. Lewinsky gave the President an antique cigar holder, on December 6, 1997.⁽¹⁸⁸⁾

f. Ms. Lewinsky testified that she gave the President a number of additional gifts.⁽¹⁸⁹⁾ >

5. Grand Jury Testimony of the President and Ms. Currie

When he testified to the grand jury, President Clinton acknowledged giving Monica Lewinsky several gifts, stating that "it was a right thing to do to give her gifts back."⁽¹⁹⁰⁾ He acknowledged giving her gifts on December 28, 1997,⁽¹⁹¹⁾ just three weeks before the civil deposition.

During the criminal investigation, the President has produced seven gifts that Ms. Lewinsky gave him. He testified to the grand jury that Ms. Lewinsky had given him "a tie, a coffee cup, a number of other things I had."⁽¹⁹²⁾ In addition, the President acknowledged that "there were some things that had been in my possession that I no longer had, I believe."⁽¹⁹³⁾

Betty Currie testified that Ms. Lewinsky sent a number of packages for the President -- six or eight, she estimated.⁽¹⁹⁴⁾ Ms. Lewinsky also sometimes dropped parcels off or had family members do so.⁽¹⁹⁵⁾ When the packages came to the White House, Ms. Currie would leave the packages from Ms. Lewinsky in the President's box outside the Oval Office, and "[h]e would pick [them] up."⁽¹⁹⁶⁾ To the best of her knowledge, such parcels always reached the President: "The President got everything anyone sent him."⁽¹⁹⁷⁾ Ms. Currie testified that to her knowledge, no one delivered packages or something as many times as Ms. Lewinsky did.⁽¹⁹⁸⁾

6. Summary

The President stated in his civil deposition that he could not recall whether he had ever given any gifts to Ms. Lewinsky;⁽¹⁹⁹⁾ that he could not remember whether he had given her a hat pin although "certainly, I could have"; and that he had received a gift from Ms. Lewinsky only "once or twice."⁽²⁰⁰⁾ In fact, the evidence demonstrates that they exchanged numerous gifts of various kinds at many points over a lengthy period of time. Indeed, on December 28, only three weeks before the deposition, they had discussed the hat pin. Also on December 28, the President had given Ms. Lewinsky a number of gifts, more than he had ever given her before.

A truthful answer to the questions about gifts at the Jones deposition would have raised further questions about the President's relationship with Monica Lewinsky. The number itself would raise questions about the relationship and prompt further questions about specific gifts; some of the specific gifts (such as Vox and Leaves of Grass) would raise questions whether the relationship was sexual and whether the President had lied in denying that their relationship was sexual. Ms. Lewinsky explained the point: Had they admitted the gifts, it would "at least prompt [the Jones attorneys] to want to question me about what kind of friendship I had with the President and they would want to speculate and they'd leak it and my name would be trashed and he [the President] would be in trouble."⁽²⁰¹⁾

A truthful answer about the gifts to Ms. Lewinsky also would have raised the question of where they were. Ms. Lewinsky had been subpoenaed for gifts, as the President knew. The President knew also from his conversation with Ms. Lewinsky on December 28, 1997 (an issue discussed more fully in Ground V) that Ms. Lewinsky would not produce all of the gifts she had received from the President.

For those reasons, the President had a clear motive when testifying under oath to lie about the gifts.

IV. There is substantial and credible information that the President lied under oath during his civil deposition concerning conversations he had with Monica Lewinsky about her involvement in the Jones case.

President Clinton was asked during his civil deposition whether he had discussed with Ms. Lewinsky the possibility of her testifying in the Jones case. He also was asked whether he knew that she had been subpoenaed at the time he last had spoken to her.

There is substantial and credible information that the President lied under oath in answering these questions. A false statement about these conversations was necessary in order to avoid raising questions whether the President had tampered with a prospective witness in the civil lawsuit against him.

A. Conversations with Ms. Lewinsky Regarding the Possibility of Her Testifying in the Jones Case >

1. President Clinton's Testimony in His Deposition

In the President's civil deposition, he was asked about any discussions he might have had with Monica Lewinsky about the Jones case:

Q: Have you ever talked to Monica Lewinsky about the possibility that she might be asked to testify in this lawsuit?

[videotape indicates an approximately 14-second pause before answer]

WJC: I'm not sure, and let me tell you why I'm not sure. It seems to me the, the, the -- I want to be as accurate as I can here. Seems to me the last time she was there to see Betty before Christmas we were joking about how you-all [Ms. Jones's attorneys], with the help of the Rutherford Institute, were going to call every woman I'd ever talked to . . . and ask them that, and so I said you [Ms. Lewinsky] would qualify, or something like that. I don't, I don't think we ever had more of a conversation than that about it, but I might have mentioned something to her about it, because when I saw how long the witness list was, or I heard about it, before I saw, but actually by the time I saw it her name was on it, but I think that was after all this had happened. I might have said something like that, so I don't want to say for sure I didn't, because I might have said something like that.

106. Id. at 93.

107. Id. at 110 (emphasis added).

108. Id. at 95-96 (emphasis added).

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

110. MSL-55-DC-0094; MSL-55-DC-0124.

111. Lewinsky 8/20/98 GJ at 54.

112. Clinton 1/17/98 Depo. at 26 ("If the predicates are met, we have no objection to detail").

113. See, e.g., Ungvari 3/19/98 GJ at 18, 22-24; Erbland 2/12/98 GJ at 23-25.

114. V006-DC-00003737-3744.

115. 827-DC-00000008; 1222-DC-00000156, 1222-DC-0000083-85.

116. Lewinsky 7/30/98 Int. at 6; Lewinsky 8/24/98 Int. at 5.

117. The President contended that he had only one encounter in 1997 with Ms. Lewinsky, whereas she says that there were two. The motive for making a false statement on that issue is less clear, except that perhaps the President wanted to portray the 1997 relationship as an isolated incident.

118. Ms. Jones's attorneys had earlier served President Clinton with a document request that sought documents reflecting "any communications, meetings or visits involving" President Clinton and Ms. Lewinsky. 1414-DC-00001534-46.

119. Throughout the Jones case, Judge Susan Webber Wright ruled that Ms. Jones was entitled to discover information regarding the nature of President Clinton's relationship with government employees, including Monica Lewinsky, a federal employee at the time. See, e.g., 921-DC-00000459-66; 920-DC-00000517-25; 1414-DC-00001006-14; 921-DC-00000736-44; 921-DC-00000751-52; 1414-DC-00001188-92.

120. Clinton 1/17/98 Depo. at 52-53 (emphasis added).

121. Ms. Lewinsky testified that many of her sexual encounters with the President occurred in this windowless hallway. Lewinsky 8/6/96 GJ at 34-36.

122. The President had earlier testified that during the government shutdown in November 1995, Ms. Lewinsky was working as an intern in the Chief of Staff's Office, and had brought the President and others some pizza. Clinton 1/17/98 Depo. at 58.

123. Id. at 58-59 (emphasis added).

124. Id. at 59(emphasis added).

125. Lewinsky 8/6/98 GJ at 20, 52.

126. Lewinsky 8/26/98 Depo. at 22; Lewinsky 8/6/98 GJ at 52-53.

127. Lewinsky 8/6/98 GJ at 76.

128. Id. at 52-53.

129. Id. at 35.

130. Id. at 34-36.

131. Id. at 20.

132. Currie 1/27/98 GJ at 32-33. See also Currie 5/6/98 GJ at 98. The Oval Office area includes the study, dining room, kitchen, bathroom, and hallway connecting the area. See Appendix, Exhibit D (diagram of Oval Office area).

133. Currie 1/27/98 GJ at 34-35 (recalling that after the President's radio address, the President told Ms. Lewinsky he wanted to show her his collection of political buttons and took her into the Oval Office study for 15 to 20 minutes while Ms. Currie waited nearby, in the pantry or the dining room).

134. Currie 1/27/98 GJ at 36-38 (testifying that Ms. Lewinsky came to the White House and met with the President alone for 15 or 20 minutes). See also Currie 5/14/98 GJ at 116.

135. Currie 1/27/98 GJ at 35-36 (testifying that Ms. Lewinsky and the President were in the Oval Office for "[p]erhaps 30 minutes."). Again, Ms. Currie testified that she believes no one else was present. See also Currie 5/6/98 GJ at 103-105.

136. Ferguson 7/17/98 GJ at 23-35 (alone for approximately 45 minutes); Ferguson 7/23/98 GJ at 18-24.⁽¹³⁷⁾

137. Ferguson GJ, July 23, 1998 at 31-32 (testifying that he would have been notified if the President had left the Oval Office area, and he received no such notice).

138. Fox 2/17/98 GJ at 30-38 (alone for approximately 40 minutes).

139. Bordley 8/13/98 GJ at 19-30 (alone for approximately 30 to 35 minutes).

140. Garabito 7/30/98 GJ at 25-32.

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.