XIII. January 5-January 16, 1998:

The Affidavit

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

A. January 5: Francis Carter Meeting

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

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

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

B. January 5: Call from the President

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

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

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

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

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

C. January 6: The Draft Affidavit

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

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

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

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

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

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

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

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

D. January 7: Ms. Lewinsky Signs Affidavit

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

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

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

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

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

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

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

E. January 8: The Perelman Call

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

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

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

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

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

F. January 9: "Mission Accomplished"

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

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

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

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

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

H. January 13: References from the White House

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

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

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

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

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

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

I. January 13: Final Jordan Meeting

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

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

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

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

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

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

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

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

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

Ms. Tripp: Probably.

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

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

K. January 15: The Isikoff Call

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

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

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

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

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

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

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

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

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

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

XIV. January 17, 1998-Present:

The Deposition and Afterward

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

A. January 17: The Deposition

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

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

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

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

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

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

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

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

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

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

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

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

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

B. The President Meets with Ms. Currie

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

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

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

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

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

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

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

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

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

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

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

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

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

could see and hear everything," the President responded:

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

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

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

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

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

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

D. January 20-22: Lewinsky Story Breaks

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

1. "Clinton Accused"

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

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

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

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

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

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

2. Denials to Aides

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

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

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

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

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

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

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

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

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

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

3. Initial Denials to the American Public

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

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

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

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

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

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

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

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

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

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

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

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

4. "We Just Have To Win"

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

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

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

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

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

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

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

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

* * *

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