11. "Have you ever discussed, again, with Mr. Kantor the relationship between the resident and Monica Lewinsky?" Breuer 8/4/ 98 GJT at 84; Supplemental Materials (H. Doc. 105-316) at 285.

12. "Have you ever discussed with Mr. Ruff the nature of the relationship between the President and Monica Lewinsky?" Breuer 8/ 4/98 GJT at 84; Supplemental Materials (H. Doc. 105-316) at 285. 13. "Have you ever discussed with Cheryl Mills the nature of the relationship between the President and Monica Lewinsky?" Breuer 8/4/98 GJT at 84; Supplemental Materials (H. Doc. 105-316) at 285.

14. "Have you had such discussions with Bruce Lindsey?" Breuer 8/4/98 GJT at 85; Supplemental Materials (H. Doc. 105-316) at 286.

15. "And has he [i.e. Bob Bennett] described to you the nature of the relationship between the President and Monica Lewinsky?" Breuer 8/4/98 GJT at 95; Supplemental Materials (H. Doc. 105316) at 288.

16. Mr. Breuer also asserted executive privilege with respect to whether he had discussed gifts, the President's conversation with Ms. Currie, Ms. Lewinsky's affidavit, and the President's knowledge of Ms. Lewinsky's job search with the persons mentioned in 9-15, above. Breuer 8/4/98 GJT at 95- 103; Supplemental Materials (H. Doc. 105-316) at 288-90.

Questions on which Cheryl Mills asserted executive privilege 1. "Okay. And with respect to the conversation [between Ms. Mills and Mr. Lindsey on the day of the President's deposition] that you don't want to reveal the substance of the conversation, what privileges are you asserting with respect to that?" Mills 8/11/ 98 GJT at 53; Supplemental Materials (H. Doc. 105-316) at 2890. 2. "Okay. Tell me about that [i.e. the President's direction to Ms. Mills to assert executive privilege] with respect to the privileges being asserted in this matter." Mills 8/11/98 GJT at 53; Supplemental Materials (H. Doc. 105-316) at 2890.

3. "Okay. And how do you know that [i.e. that the President directed Ms. Mills to assert executive privilege]?" Mills 8/11/98 GJT at 54; Supplemental Materials (H. Doc. 105-316) at 2890.

4. "All right. With respect to this conversation [with Mr. Lindsey on the day of the President's deposition] about which you've asserted the privilege, what caused-you don't recall who called whom that day, but what caused the contact between either of you with respect to this conversation?" Mills 8/11/98 GJT at 54; Supplemental Materials (H. Doc. 105-316) at 2890.

5. "Okay. Are you aware of whether or not something happened on Mr. Lindsey's end to cause the conversation to take place? Without respect to what that was." Mills 8/11/98 GJT at 55; Supplemental Materials (H. Doc. 105–316) at 2890.

6. "All right. And what was discussed at that meeting [among the President and various White House attorneys and staff on January 31 or February 1] with respect to the President's relationship with Monica Lewinsky?" Mills 8/11/98 GJT at 66; Supplemental Materials (H. Doc. 105-316) at 2893.

7. After asserting privilege on the previous question, Ms. Mills made a general claim of executive privilege with respect to her con

versations with the President about Monica Lewinsky. Mills 8/11/ 98 GJT at 66-68; Supplemental Materials (H. Doc. 105-316) at 2893.

8. "I think I asked you about the contacts you had with the President's outside lawyers with respect to the Paula Jones litigation." Mills 8/11/98 GJT at 71; Supplemental Materials (H. Doc. 105-316) at 2894.

9. "Okay. And with respect to the questions we would ask you as to your conversations with such persons [i.e. grand jury witnesses], would you assert a privilege and decline to provide the information of those conversations?" Mills 8/11/98 GJT at 72-73; Supplemental Materials (H. Doc. 105-316) at 2894–95.

10. “All right. With respect to counsel for such [grand jury] witnesses, are you asserting privilege with respect to that or not?" Mills 8/11/98 GJT at 73; Supplemental Materials (H. Doc. 105-316) at 2895.

11. "Okay. And I want to ask you about your discussion with her concerning her [i.e. Betty Currie's] need for a lawyer. Is that a matter over which you are asserting privilege?" Mills 8/11/98 GJT at 77; Supplemental Materials (H. Doc. 105-316) at 2896

Questions on which Sidney Blumenthal asserted executive privilege

1. "What occurs at these 8:30 and 6:45 p.m., these daily meetings [relating to the Lewinsky matter]?" Blumenthal 2/26/98 GJT at 1213; Supplemental Materials (H. Doc. 105-316) at 161-62.

After abandoning this claim, Mr. Blumenthal testified that in these meetings senior White House advisers discussed the policy, political, legal, and media impact of various scandals on the Administration and gave various examples of the kinds of matters discussed. Blumenthal 6/4/98 GJT at 25-40; Supplemental Materials (H. Doc. 105-316) at 179-82.

2. "What information have you received from the President [about Monica Lewinsky]?" Blumenthal 2/26/98 GJT at 15; Supplemental Materials (H. Doc. 105–316) at 162.

After abandoning this claim, Mr. Blumenthal testified that the President told him that Ms. Lewinsky had made a sexual advance on him and that he had rebuffed it. The President further told him that Ms. Lewinsky had threatened to tell other people that they had had an affair if he did not have sex with her. The President also told him that he was never alone with Ms. Lewinsky. Blumenthal 6/4/98 GJT at 49-50; Supplemental Materials (H. Doc. 105-316) at 185.

3. "Okay. Can you tell us what information you received from Mrs. Clinton [about Monica Lewinsky]?" Blumenthal 2/26/98 GJT at 15; Supplemental Materials (H. Doc. 105-316) at 162.

After abandoning this claim, Mr. Blumenthal testified that the First Lady told him that the Lewinsky matter was a political attack and that the President had simply been ministering to a troubled young person. Blumenthal 6/4/98 GJT at 46-53; Supplemental Materials (H. Doc. 105–316) at 184-86.

4. "Okay. Did your attorneys, that is either the White House or your private attorneys, indicate to you which privilege-well, let me ask you the question first. What was discussed? What was the

substance of what was discussed [between Mr. Blumenthal and the President about Monica Lewinsky]?" Blumenthal 2/26/98 GJT at 19; Supplemental Materials (H. Doc. 105-316) at 163.

After abandoning this claim, Mr. Blumenthal testified that the President told him that Ms. Lewinsky had made a sexual advance on him and that he had rebuffed it. The President further told him that Ms. Lewinsky had threatened to tell other people that they had had an affair if he did not have sex with her. The President also told him that he was never alone with Ms. Lewinsky. Blumenthal 6/4/98 GJT at 49-50; Supplemental Materials (H. Doc. 105-316) at 185. Blumenthal 6/25/98 GJT at 4-37; Supplemental Materials (H. Doc. 105-316) at 189-98.

5. "What was the substance of the meeting with the First Lady [about Monica Lewinsky]?" Blumenthal 2/26/98 GJT at 25; Supplemental Materials (H. Doc. 105-316) at 164.

After abandoning this claim, Mr. Blumenthal testified that the First Lady told him that the Lewinsky matter was a political attack and that the President had simply been ministering to a troubled young person. Blumenthal 6/4/98 GJT at 46-53; Supplemental Materials (H. Doc. 105-316) at 184-86.

6. "Tell us about the ones [i.e. telephone conversations with the First Lady about Monica Lewinsky] that you do specifically recall?" Blumenthal 2/26/98 GJT at 26; Supplemental Materials (H. Doc. 105-316) at 164.

After abandoning this claim, Mr. Blumenthal testified that he and the First Lady talked about matters in the media about the investigation and not any material facts about Ms. Lewinsky. Blumenthal 6/25/98 GJT at 58-59; Supplemental Materials (H. Doc. 105-316) at 203. He later said they involved leaks, tactics, and congressional reactions. Blumenthal 6/25/98 GJT at 62; Supplemental Materials (H. Doc. 105-316) at 204.

Questions on which Nancy Hernreich asserted executive privilege

1. "Okay. As best you recollect, could you tell us what the conversation was about. Who said what?" Hernreich 2/25/98 GJT at 37; Supplemental Materials (H. Doc. 105-316) at 1324. (The question refers to Ms. Hernreich's conversation with the President about Ms. Lewinsky.)

After abandoning the claim of privilege, Ms. Hernreich testified that the President told her that he did not do "this" (i.e. have a relationship with Ms. Lewinsky) and that the President had at some point mentioned that Ms. Lewinsky was a friend of Walter Kaye. Hernreich 3/26/98 GJT at 12-13; Supplemental Materials (H. Doc. 105-316) at 1341-42. Hernreich 6/16/98 GJT at 90-91; Supplemental Materials (H. Doc. 105-316) at 1406-07.

2. Ms. Hernreich testified that she had been instructed by White House attorneys to invoke executive privilege with respect to any questions about conversations she may have had with senior White House staff about Ms. Lewinsky. Hernreich 2/25/98 GJT at 44–45; Supplemental Materials (H. Doc. 105-316) at 1325.

After abandoning this claim, Ms. Hernreich testified that she may have had discussions with White House attorneys Cheryl Mills or Lanny Breuer about Ms. Lewinsky, but she did not recall the de

tails. Hernreich 6/16/98 GJT at 53-54; Supplemental Materials (H. Doc. 105-316) at 1400. Ms. Hernreich also testified that she did not have any conversations with senior staff about Ms. Lewinsky's efforts to return to a White House job. Hernreich 6/16/98 GJT at 63– 64; Supplemental Materials (H. Doc. 105-316) at 1402.

3. Ms. Hernreich testified that she had been instructed by White House attorneys to invoke executive privilege with respect to any questions about conversations she may have had with the President about Kathleen Willey. Hernreich 2/25/98 GJT at 45–46; Supplemental Materials (H. Doc. 105-316) at 1325.

After abandoning this claim, Ms. Hernreich testified that she had conversations with the President about the suicide of Ms. Willey's husband and efforts to get Ms. Willey a job in the White House. Hernreich 3/31/98 GJT at 104-08; Supplemental Materials (H. Doc. 105-316) at 1384-85. She further testified that later she had a conversation with the President in which she informed him of a call from Ms. Willey in which Ms. Willey informed Ms. Hernreich that a reporter was asking questions about the Willey incident. Ms. Hernreich thought that the President might have told her to relay this information to Mr. Lindsey. Hernreich 6/16/98 GJT at 59-60; Supplemental Materials (H. Doc. 105-316) at 1401.

4. "Then my question to you is now: Tell the grand jurors the content of those conversations, as you remember them. And do you want to tell us that, or do you invoke privilege?" Hernreich 2/25/ 98 GJT at 54; Supplemental Materials (H. Doc. 105-316) at 1326. (The question refers to Ms. Hernreich's conversation with Bruce Lindsey about Ms. Lewinsky.)

After abandoning this claim, Ms. Hernreich testified that she did not recall any discussions she had with Mr. Lindsey about Ms. Lewinsky and Ms. Tripp. Hernreich 6/16/98 GJT at 51; Supplemental Materials (H. Doc. 105-316) at 1400. She later testified that she might have had ten to twenty conversations with Mr. Lindsey about Ms. Lewinsky, but that only one or two of them would have involved more than general mention of the story in the press. Hernreich 6/16/98 GJT at 99-102; Supplemental Materials (H. Doc. 105–316) at 1408.

5. Q. Okay. I'm not going to go to the content, but let me explain the reason I'm asking it, because I thought as we understood it, that the demarcation for Monica Lewinsky was after the story broke-which would have been on or about January 21st or 23rd, somewhere in that area.

So given that as what you've previously indicated as sort of your framework for invoking executive privilege, the conversations with Bruce Lindsey-I'm not going to ask you the content, but did the conversation with Bruce Lindsey concern Monica Lewinsky?

A. I would like to claim executive privilege on my conversations with Bruce Lindsey.

Q. Even to as to identify the nature of the topic?

A. Yes. Hernreich 2/25/98 GJT at 61; Supplemental Materials (H. Doc. 105-316) at 1328.

After abandoning this claim, Ms. Hernreich testified that she did not recall any discussions she had with Mr. Lindsey about Ms. Lewinsky. Hernreich 6/16/98 GJT at 51; Supplemental Materials (H. Doc. 105-316) at 1400. She later testified that she might have

had ten to twenty conversations with Mr. Lindsey about Ms. Lewinsky, but that only one or two of them would have involved more than general mention of the story in the press. Hernreich 6/ 16/98 GJT at 99-102; Supplemental Materials (H. Doc. 105-316) at 1408.

6. Ms. Hernreich testified that these conversations did not involve any national security, state secret, or official governmental matters. Hernreich 2/25/98 GJT at 65–66; Supplemental Materials (H. Doc. 105-316) at 1328.

IV. THE CONSTITUTIONAL PROCESS OF IMPEACHMENT

A. GENERAL ARGUMENTS ABOUT IMPEACHMENT

1. Constitutional provisions

The following provisions in the Constitution relate to impeachment:

"The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment." U.S. Const. art. I, sec. 2.

"The Senate shall have the sole power to try all Impeachments." U.S. Const. art. I, sec. 3, cl. 6.

"Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgement and Punishment, according to Law." U.S. Const. art. I, sec. 3, cl. 7.

"The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." U.S. Const. II, sec. 4.

2. Impeachment is not removal from office

Some have suggested that impeachment is equivalent to removal from office. This suggestion is patently false. Article II of the Constitution specifies that the President "shall be removed from Office on Impeachment for, and Conviction of" certain offenses. U.S. Const. art. II, sec. 4 (emphasis added). The language is clear on its face.

Elsewhere the Constitution sets forth the procedure that is to be used to address the derelictions of the President, and that procedure demonstrates that impeachment is the charging phase, and trial by the Senate is the conviction and removal phase. Article I gives the House of Representatives "the sole Power of Impeachment," U.S. Const. art. I, sec. 2, and gives the Senate "the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation." U.S. Const. art. I, sec. 3. The Constitution gives each House of Congress a specific duty: the House serves as accuser, the Senate as judge.

Representative Barbara Jordan, a Democrat from Texas who served on the Judiciary Committee during the impeachment inquiry of President Richard Nixon, described this delegation of duties as follows: