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Constitution of the United States” and his constitutional duty to "take care that the laws be faithfully executed.”

By these actions, President Clinton violated the sanctity of the oath without which "Equal Justice Under Law” cannot survive. Rather than work with the Judicial and Legislative branches to uphold the rule of law, he directly attacked their fundamental truth seeking function. He has disgraced himself and the high office he holds. His high crimes and misdemeanors undermine our Constitution. They warrant his impeachment, his removal from office, and his disqualification from holding further office.

II. NARRATIVE

4A. THE PAULA JONES LITIGATION On May 6, 1994, Paula Corbin Jones filed a federal civil rights lawsuit against President Clinton in the United States District Court for the Eastern District of Arkansas. This lawsuit arose out of an incident that Ms. Jones alleged occurred in 1991 while she was an Arkansas state employee and President Clinton was Governor of Arkansas. Ms. Jones alleged that then Governor Clinton had an Arkansas state trooper invite Ms. Jones to his hotel room where he made a crude sexual advance toward her and she rejected

it.

After Ms. Jones brought the lawsuit, President Clinton claimed that the Constitution requires that any such lawsuit be deferred until his term ended. The parties litigated this question, and ultimately the Supreme Court of the United States decided unanimously that Ms. Jones could proceed with her lawsuit without waiting for President Clinton's term to end. Clinton v. Jones, 520 U.S. 681 (1997).

The discovery phase of the lawsuit began shortly thereafter. During the discovery phase, Judge Susan Webber Wright of the United States District Court for the Eastern District of Arkansas ordered President Clinton to answer certain questions about any history he had of involvement in sexual relationships with state or federal employees. Such questions are standard in sexual harassment lawsuits, and they help to establish whether the defendant has engaged in a pattern and practice of harassing conduct. President Clinton's efforts to resist giving truthful answers to these questions gave rise to this matter. B. THE RELATIONSHIP BETWEEN PRESIDENT CLINTON AND MONICA

LEWINSKY Monica Lewinsky, a 21-year-old intern, was working at the White House during the government shutdown in November, 1995. Before their first intimate encounter, she had never even spoken with the President. Sometime on November 15, 1995, Ms. Lewinsky made an improper gesture to the President. Rather than rebuff the gesture, President Clinton invited this unknown young intern into a private area off the Oval Office, where he kissed her. He then invited her back to the same area later that day. When she returned, the two engaged in the first of many acts of inappropriate sexual contact.

Thereafter, the two continued their secret liaisons, and they concocted a cover story to use if they were discovered. If Ms. Lewinsky was seen, she was to say she was bringing papers to the President. That story was false. The only papers she brought were personal messages having nothing to do with her duties or the President's. After Ms. Lewinsky moved from the White House to the Pentagon, she and President Clinton disguised her frequent visits to the White House as visits to Betty Currie. Those cover stories play a vital role in the later perjuries and obstruction of justice.

Over the term of their relationship the following significant matters occurred:

1. Monica Lewinsky and President Clinton were alone on at least 21 occasions;

2. They had at least eleven personal sexual encounters, other than phone sex: 3 in 1995, 5 in 1996, and 3 in 1997;

3. They had at least 55 telephone conversations, at least 17 of which involved phone sex;

4. President Clinton gave Ms. Lewinsky 24 presents; and,

5. Ms. Lewinsky gave President Clinton 40 presents. See generally Appendices at 116–26.

These essential facts form the backdrop for all of the subsequent events. During the fall of 1997, the relationship was largely dormant. Ms. Lewinsky was working at the Pentagon and looking for a high paying job in New York. Discovery in the Paula Jones case was proceeding slowly, and no one seemed to care about the outcome. Then, in the first week of December 1997, things began to unravel.

The sexual details of the President's encounters with Ms. Lewinsky need not be described in detail. However, those encounters are highly relevant because the President repeatedly lied about that sexual relationship in the civil case, before the grand jury, and in his responses to this Committee's questions. In an effort to support the original lies he told in the civil case, he has consistently maintained that Ms. Lewinsky performed sexual acts on him, while he never touched her in a sexual manner. President Clinton's characterization of the relationship directly contradicts Ms. Lewinsky's testimony, the sworn grand jury testimony of three of her friends, and the statements by two professional counselors with whom Ms. Lewinsky contemporaneously shared the details of her relationship. C. THE EVENTS OF DECEMBER 5–6, 1997–PRESIDENT CLINTON LEARNS

MS. LEWINSKY IS ON THE WITNESS LIST On Friday, December 5, 1997, Ms. Lewinsky asked Betty Currie, President Clinton's personal secretary, if President Clinton could see her the next day, Saturday. Ms. Currie said that he was scheduled to meet with his lawyers all day. Lewinsky 8/6/98 GJT at 10708. Later that Friday, Ms. Lewinsky spoke briefly to President Clinton at a Christmas party. Lewinsky 7/31/98 302 at 1; Lewinsky 8/6/98 GJT at 108.

That evening, Paula Jones's attorneys faxed a list of potential witnesses to President Clinton's attorneys. The list included the name of Ms. Lewinsky. However, Ms. Lewinsky did not find out that her name was on the list until President Clinton told her ten

days later on December 17. Lewinsky 8/6/98 GJT at 121–23. That delay is significant.

After her conversation with Ms. Currie and her conversation with President Clinton at the Christmas party, Ms. Lewinsky drafted a letter to President Clinton terminating their relationship. Lewinsky 7/31/98 302 at 2. The next morning, Saturday, December 6, Ms. Lewinsky went to the White House to deliver the letter and some gifts for President Clinton to Ms. Currie. Lewinsky 8/6/98 GJT at 108–09. When she arrived at the White House, Ms. Lewinsky spoke to several Secret Service officers, and one of them told her that President Clinton was not with his lawyers, as she had been told, but rather, he was meeting with another woman. Lewinsky 8/6/98 GJT at 111; Mondale 7/16/98 302 at 1. Ms. Lewinsky called Ms. Currie from a pay phone, angrily exchanged words with her, and went home. Lewinsky 8/6/98 GJT at 112–13; Currie 1/27/98 GJT at 37. After that phone call, Ms. Currie told the Secret Service watch commander that President Clinton was so upset about the disclosure of his meeting with the woman that he wanted to fire someone. Purdie 7/23/98 GJT at 13, 18–19.

At 12:05 p.m. on December 6th, records demonstrate that Ms. Currie paged Bruce Lindsey with the message: “Call Betty ASAP.” Around that same time, according to Ms. Lewinsky, while she was back at her apartment, Ms. Lewinsky and President Clinton spoke on the telephone. President Clinton was very angry; he told Ms. Lewinsky that no one had ever treated him as poorly as she had. Lewinsky 8/6/98 GJT at 113–14. President Clinton acknowledged to the grand jury that he was upset about Ms. Lewinsky's behavior and considered it inappropriate. Clinton 8/17/98 GJT at 85. Nevertheless, in a sudden change of mood, he invited her to visit him at the White House that afternoon. Lewinsky 8/6/98 GJT at 114. .

Ms. Lewinsky arrived at the White House for the second time that day, and she was cleared to enter at 12:52 p.m. Although, in Ms. Lewinsky's words, the President was "very angry” with her during their recent telephone conversation, he was “sweet” and "very affectionate” during this visit. Lewinsky 8/6/98 GJT at 113– 15. He also told her that he would talk to Vernon Jordan, a Washington lawyer and close personal friend of President Clinton's, about her job situation. Lewinsky 8/6/98 GJT at 115–16.

President Clinton also suddenly changed his attitude toward the Secret Service. Ms. Currie informed some officers that if they kept quiet about the Lewinsky incident, they would not be disciplined. Currie 7/22/98 GJT at 91-92; Williams 7/23/98 GJT at 25, 27-28; Chinery 7/23/98 GJT at 22–23. According to the Secret Service watch commander, Captain Jeffrey Purdie, the President personally told him, “I hope you use your discretion” or “I hope I can count on your discretion.” Purdie 7/17/98 GJT at 3, 7/23/98 GJT at 32. Deputy Chief Charles O'Malley, Captain Purdie's supervisor, testified that he knew of no other incident in his fourteen years of service at the White House in which a President raised a performance issue with a member of the Secret Service Uniformed Division. O'Malley 9/8/98 Dep. at 40–41. After his conversation with President Clinton, Captain Purdie told a number of officers that they should not discuss the Lewinsky incident. Porter 8/13/98 GJT at 12; Niedzwiecki 7/30/98 GJT at 30–31.

When President Clinton was questioned before the grand jury about his statements to the Secret Service, he testified “I don't remember what I said and I don't remember to whom I said it." Clinton 8/17/98 GJT at 86. When confronted with Captain Purdie's testimony, the President testified, “I don't remember anything I said to him in that regard. I have no recollection of that whatever.” Clinton 8/17/98 GJT at 91.

President Clinton testified before the grand jury that he learned that Ms. Lewinsky was on the Jones witness list that evening, Saturday, December 6, during a meeting with his lawyers. Clinton 8/ 17/98 GJT at 83–84. He stood by this answer in response to Request Number 16 submitted by this Committee. The meeting occurred around 5 p.m., after Ms. Lewinsky had left the White House. Lindsey 3/12/98 GJT at 64–66. According to Bruce Lindsey, at the meeting, Robert Bennett, the President's attorney, had a copy of the Jones witness list which had been faxed to Bennett the previous night. Lindsey 3/12/98 GJT at 65–67.

However, during his deposition, President Clinton testified that he had heard about the witness list before he saw it. Clinton 1/17/ 98 Dep. at 70. In other words, if President Clinton testified truthfully in his deposition, then he knew about the witness list before the 5 p.m. meeting. It is reasonable to infer that hearing Ms. Lewinsky's name on a witness list prompted President Clinton's sudden and otherwise unexplained change from “very angry” to “very affectionate” that Saturday afternoon. It is also reasonable to infer that it prompted him to give the unique instruction to a Secret Service watch commander to use “discretion” regarding Ms. Lewinsky's visit to the White House, which the watch commander interpreted as an instruction to remain silent about the incident. Purdie 7/17/98 GJT at 20–21.

D. THE SEARCH FOR A JOB FOR MS. LEWINSKY Ms. Lewinsky had been searching for a highly paid job in New York since the previous July. She had not had much success despite President Clinton's promise to help. In early November, Ms. Currie arranged a meeting with Mr. Jordan who was supposed to help.

On November 5, Ms. Lewinsky met for 20 minutes with Mr. Jordan. Lewinsky 8/6/98 GJT at 104. No action followed, no job interviews were arranged, and Ms. Lewinsky had no further contacts with Mr. Jordan at that time. Mr. Jordan made no effort to find a job for Ms. Lewinsky. Indeed, it was so unimportant to him that he testified that he "had no recollection of an early November meeting” and that finding a job for Ms. Lewinsky was not a priority. Jordan 3/3/98 GJT at 50, 5/5/98 GJT at 76. Nothing happened during the month of November because Mr. Jordan was either gone or would not return Ms. Lewinsky's calls. Lewinsky 8/6/98 GJT at 105–06.

During the December 6 meeting with President Clinton, Ms. Lewinsky mentioned that she had not been able to reach Mr. Jordan and that it did not seem he had done anything to help her. Clinton 8/17/98 GJT at 84. President Clinton responded by stating, “Oh, I'll talk to him. I'll get on it,” or something to that effect. Lewinsky 8/6/98 GJT at 116. There was still no urgency to help Ms. Lewinsky. Mr. Jordan met President Clinton the next day, December 7, but the meeting had nothing to do with Ms. Lewinsky. Jordan 5/5/98 GJT at 83, 116.

The first activity calculated to help Ms. Lewinsky actually get a job took place on December 11. Mr. Jordan met with Ms. Lewinsky and gave her a list of contact names. The two also discussed President Clinton. Lewinsky 8/6/98 GJT at 119–20. Mr. Jordan remembered that meeting. Jordan 3/5/98 GJT at 41. Mr. Jordan immediately placed calls to two prospective employers. Jordan 3/3/98 GJT at 54, 62–63. Later in the afternoon, he even called President Clinton to report on his job search efforts. Jordan 3/3/98 GJT at 64–66. Suddenly, Mr. Jordan and President Clinton were now very interested in helping Ms. Lewinsky find a good job in New York. Jordan 5/5/98 GJT at 95.

Something happened that changed the priority assigned to the job search. On the morning of December 11, 1997, Judge Susan Webber Wright ordered President Clinton to provide information regarding any state or federal employee with whom he had, proposed, or sought sexual relations. To keep Ms. Lewinsky satisfied was now of critical importance. E. THE EVENTS OF DECEMBER 17, 1997— PRESIDENT CLINTON INFORMS

MS. LEWINSKY THAT SHE IS ON THE WITNESS LIST On December 17, 1997, between 2:00 and 2:30 in the morning, Monica Lewinsky's phone rang unexpectedly. It was President Clinton. He said that he wanted to tell Ms. Lewinsky two things. One was that Ms. Currie's brother had been killed in a car accident. Second, he said that he “had some more bad news”—that he had seen the witness list for the Jones case and Ms. Lewinsky's name was on it. Lewinsky 8/6/98 GJT at 123. He told Ms. Lewinsky that seeing her name on the list "broke his heart.” He then told her that “if (she] were to be subpoenaed, (she) should contact Betty and let Betty know that (she) had received the subpoena.” Lewinsky 8/ 6/98 GJT at 123. Ms. Lewinsky asked what she should do if subpoenaed. President Clinton responded: “Well, maybe you can sign an affidavit.” Lewinsky 8/6/98 GJT at 123. Both knew that the affidavit would have to be false and misleading to avoid Ms. Lewinsky's having to testify.

Then, the President made a pointed suggestion to Monica Lewinsky, a suggestion that left little room for compromise. He did not say specifically "go in and lie.” What he did say is "you know, you can always say you were coming to see Betty or that you were bringing me letters.”

To understand the significance of this statement, one must recall the cover stories that President Clinton and Ms. Lewinsky had previously agreed on to deceive those who protected and worked with the President.

Ms. Lewinsky was to say that she was simply delivering papers when she visited President Clinton. When she saw him, she would say: “Oh, gee, here are your letters," and he would answer, “okay that's good.” After Ms. Lewinsky left employment at the White House, she was to return to the Oval Office under the guise of visiting Betty Currie, not President Clinton. Moreover, Ms. Lewinsky promised him that she would always deny the sexual relationship

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