I never asked or encouraged Ms. Lewinsky to lie in her affidavit, as Ms. Lewinsky herself has confirmed. See App. at 718 (2/1/98 handwritten proffer of Ms. Lewinsky); see also App. at 1161 (grand jury testimony of Ms. Lewinsky).

Reference. The record indicates that the President told Monica Lewinsky about the appearance of her name on that date:

*

"Question. * * Did you come to have a telephone conversation

with the President on December 17?

*

"Answer. Yes. * * * he told me he had some more bad news, that he had seen the witness list for the Paula Jones case and my name was on it * *He told me that it didn't necessarily mean that I would be subpoenaed, but that that was a possibility, and if I were subpoenaed, that I should contact Betty and let Betty know that I had received the subpoena." (Grand Jury Testimony of Monica Lewinsky, 8/6/98, p. 123, H. Doc. 105-311, p. 843).

President Clinton was asked about this subject during his deposition on January 17, 1998:

"Question. Did you ever talk with Monica Lewinsky about the possibility that she might be asked to testify on this case?

Answer. Bruce Lindsey, I think Bruce Lindsay told me that she was, I think maybe that's the first person [who] told me she was. I want to be as accurate as I can. * * *

Question 18. Do you admit or deny that on or about December 17, 1997, you suggested to Monica Lewinsky that the submission of an affidavit in the case of Jones v. Clinton might suffice to prevent her from having to testify personally in that case?

Answer. As I previously testified, I recall telephoning Ms. Lewinsky to tell her Ms. Currie's brother had died, and that call was in the middle of December. App. at 567. I do not recall other particulars of such a call including whether we discussed the fact that her name was on the Jones v. Clinton witness list. As I stated in my August 17th grand jury testimony in response to essentially the same questions, it is "quite possible that that happened. *** I don't have any memory of it, but I certainly wouldn't dispute that I might have said that [she was on the witness list]." App. at 567.

I recall that Ms. Lewinsky asked me at some time in December whether she might be able to get out of testifying in the Jones v. Clinton case because she knew nothing about Ms. Jones or the case. I told her I believed other witnesses had executed affidavits, and there was a chance they would not have to testify. As I stated in my August 17th grand jury testimony, "I felt strongly that . * * * [Ms. Lewinsky] could execute an affidavit that would be factually truthful, that might get her out of having to testify." App. at 571. I never asked or encouraged Ms. Lewinsky to lie in her affidavit, as Ms. Lewinsky herself has confirmed. See App. at 718 (2/1/98 handwritten proffer of Ms. Lewinsky); see also App. at 1161 (grand jury testimony of Ms. Lewinsky).

Reference. The record indicates that the President made such a suggestion, despite the fact that he denied it in sworn testimony: Question. I believe I was starting to ask you a question a moment ago and we got sidetracked. Have you ever talked to Monica Lewinsky about the possibility that she might be asked to testify in this lawsuit?

Answer. 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, 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 would qualify, or something like that. I don't think we ever had more of a conversation than that about it. ***" (Deposition Testimony of President Clinton in the case of Jones v. Clinton, 1/17/98 pp. 70–71 (as released in public sources)).

"Answer. I believe I probably asked him, you know, what should I do in the course of that and he suggested, he said, 'Well, maybe you can sign an affidavit.' *

* *

Question. When he said that you might sign an affidavit, what did you understand it to mean at that time?

Answer. I thought that signing an affidavit could range from anywhere the point of it would be to deter or to prevent me from being deposed and so that that could range from anywhere between maybe just somehow mentioning, you know, innocuous things or going as far as maybe having to deny any kind of relationship." (Grand Jury Testimony of Monica Lewinsky, 8/6/98, pp. 123–24, H. Doc. 105-311, pp. 843-44).

Furthermore, Monica Lewinsky has stated that she is "100% sure that the President suggested that she might want to sign an affidavit to avoid testifying." (8/19/98 OIC interview of Monica Lewinsky, pp. 4-5 (H. Doc. 105-311, pp. 1558-9).

Question 19. Do you admit or deny that on or about December 17, 1997, you suggested to Monica Lewinsky that she could say to anyone inquiring about her relationship with you that her visits to the Oval Office were for the purpose of visiting with Betty Currie or to deliver papers to you?

Answer. I was asked essentially these same questions by OIC lawyers. I testified that Ms. Lewinsky and I "may have talked about what to do in a non-legal context at some point in the past, but I have no specific memory of that conversation." App. at 569. That continues to be my recollection today-that is, any such conversation was not in connection with her status as a witness in the Jones v. Clinton case.

Reference. The record indicates that the President made such a suggestion on December 17, 1997:

Question. Did you come to have a telephone conversation with the President on December 17? Answer. Yes. * * *

Question. Tell us how the conversation went from there * * * Answer. *** At some point in the conversation, and I don't know if it was before or after the subject of the affidavit came up, he sort of said, 'You know, you can always say you were coming to see Betty or that you were bringing me letters.' Which I understood was really a reminder of things that we had discussed before." (Grand Jury Testimony of Monica Lewinsky, 8/6/98, p. 123, H. Doc. 105-311, p. 843).

Question 20. Do you admit or deny that you gave false and misleading testimony under oath when you stated during your deposition in the case of Jones v. Clinton on January 17, 1998, that you

did not know if Monica Lewinsky had been subpoenaed to testify in that case?

Answer. It is evident from my testimony on pages 69 to 70 of the deposition that I did know on January 17, 1998, that Ms. Lewinsky had been subpoenaed in the Jones v. Clinton case. Ms. Jones' lawyer's question, "Did you talk to Mr. Lindsey about what action, if any, should be taken as a result of her being served with a subpoena?", and my response, "No," id. at 70, reflected my understanding that Ms. Lewinsky had been subpoenaed. That testimony was not false and misleading.

Reference. The record indicates that despite evidence revealing the contrary, President Clinton swore in his deposition that he did not know if Monica Lewinsky had been subpoenaed to testify in that case:

"Question. Did she tell you she had been served with a subpoena in this case?

Answer. No. I don't know if she had been.

"Question. Did anyone other than your attorneys ever tell you that Monica Lewinsky had been served with a subpoena in this case?

Answer. I don't think so." (Deposition Testimony of President Clinton in the case of Jones v. Clinton, 1/18/98, p. 68 (as released in public sources.))

"I said to the President, Monica Lewinsky called me ***. She is coming to see me about this subpoena." (Grand Jury Testimony of Vernon Jordan, 5/5/98, p. 145 (referencing a December 19, 1997, telephone conversation with the President), H. Doc. 105–316, p. 1815).

"Question 21. Do you admit or deny that you gave false and misleading testimony under oath when you stated before the grand jury on August 17, 1998, that you did know prior to January 17, 1998, that Monica Lewinsky had been subpoenaed to testify in the case of Jones v. Clinton?

Answer. As my testimony on January 17 reflected, and as I testified on August 17, 1998, I knew prior to January 17, 1998, that Ms. Lewinsky had been subpoenaed to testify in Jones v. Clinton. App. at 487. That testimony was not false and misleading.

Reference. The record indicates that President Clinton swore before the grand jury that he did know that Monica Lewinsky had been subpoenaed to testify in that case:

"[M]y recollection is that I knew by then, of course, that she had gotten a subpoena. And I knew that she was, therefore, was slated to testify ***. I remember a conversation about the possibility of her testifying. I believe it must have occurred on the 28th." (Grand Jury Testimony of President Clinton, 8/17/98, pp. 35–36, H. Doc 105-311, pp. 487-88).

"Question 22. Do you admit or deny that on or about December 28, 1997, you had a discussion with Monica Lewinsky at the White House regarding her moving to New York?

Answer. When I met Ms. Lewinsky on December 28, 1997, I knew she was planning to move to New York, and we discussed her

move.

Reference. The record indicates that the President had such a discussion with Monica Lewinsky at the White House:

"On December 28, 1997, Lewinsky visited the President at the White House. *** Lewinsky and the President discussed her move to New York. ***" (7/27/98 OIC Interview of Monica Lewinsky, p. 7, H. Doc. 105-311, p. 1395).

"Question 23. Do you admit or deny that on or about December 28, 1997, you had a discussion with Monica Lewinsky at the White House in which you suggested to her that she move to New York soon because by moving to New York, the lawyers representing Paula Jones in the case of Jones v. Clinton may not contact her? Answer. Ms. Lewinsky had decided to move to New York well before the end of December 1997. By December 28, Ms. Lewinsky had been subpoenaed. I did not suggest that she could avoid testifying in the Jones v. Clinton case by moving to New York.

Reference. The record indicates that the President had such a discussion with Monica Lewinsky at the White House and made such a suggestion:

"On December 28, 1997, Lewinsky visited the President at the White House. *** the President said that if Lewinsky was in New York the Jones lawyers might not call; that the sooner Lewinsky moved the better; and that maybe the lawyers would ignore her." (7/27/98 OIC Interview of Monica Lewinsky, p. 7, H. Doc. 105-311, p. 1395).

"Question 24. Do you admit or deny that on or about December 28, 1997, you had a discussion with Monica Lewinsky at the White House regarding gifts you had given to Ms. Lewinsky that were subpoenaed in the case of Jones v. Clinton?

Answer. As I told the grand jury, "Ms. Lewinsky said something to me like, what if they ask me about the gifts you've given me,' App. at 495, but I do not know whether that conversation occurred on December 28, 1997, or earlier. Ibid. Whenever this conversation occurred, I testified, I told her "that if they asked her for gifts, she'd have to give them whatever she had. . . ." App. at 495. I simply was not concerned about the fact that I had given her gifts. See App. at 495-98. Indeed, I gave her additional gifts on December 28, 1997. I also told the grand jury that I do not recall Ms. Lewinsky telling me that the subpoena specifically called for a hat pin that I had given her. App. at 496.

Reference. The record indicates that the President had such a discussion with Monica Lewinsky:

Answer. We-we really spent maybe about five-no more than ten minutes talking about the Paula Jones case on [December 28] *** I brought up the subject of the case because I was concerned about how I had been brought into the case and been put on the witness list. * * * And then at some point I said to him, 'Well, you know, Imaybe I should put the gifts away outside my house somewhere or give them to someone, maybe Betty.' And he sort of said I think he responded, 'I don't know' or 'Let me think about that.' And left that topic." (Grand Jury Testimony of Monica Lewinsky, 8/6/98, p. 152, H. Doc. 105-311, p. 872; See also 7/27/98 OIC Interview of Monica Lewinsky, p. 7, H. Doc. 105-311, p. 1395).

"Question 25. Do you admit or deny that on or about December 28, 1997, you expressed concern to Monica Lewinsky about a hatpin you had given to her as a gift which had been subpoenaed in the case of Jones v. Clinton?

Answer. As I told the grand jury, "Ms. Lewinsky said something to me like, what if they ask me about the gifts you've given me,' App. at 495, but I do not know whether that conversation occurred on December 28, 1997, or earlier. Ibid. Whenever this conversation occurred, I testified, I told her "that if they asked her for gifts, she'd have to give them whatever she had. * * *" App. at 495. I simply was not concerned about the fact that I had given her gifts. See App. at 495-98. Indeed, I gave her additional gifts on December 28, 1997. I also told the grand jury that I do not recall Ms. Lewinsky telling me that the subpoena specifically called for a hat pin that I had given her. App. at 496.

Reference. The record indicates that the President expressed such concern:

"I mentioned that I had been concerned about the hat pin being on the subpoena and he said that had sort of concerned him also." (Grand Jury Testimony of Monica Lewinsky, 8/6/98, p. 152, H. Doc. 105-311, p. 872; See also 7/27/98 OIČ Interview of Monica Lewinsky, p. 7, H. Doc. 105-311, p. 1395).

"Question 26. Do you admit or deny that on or about December 28, 1997, you discussed with Betty Currie gifts previously given by you to Monica Lewinsky?

Answer. I do not recall any conversation with Ms. Currie on or about December 28, 1997, about gifts I had previously given to Ms. Lewinsky. I never told Ms. Currie to take possession of gifts I had given Ms. Lewinsky; I understand Ms. Currie has stated that Ms. Lewinsky called Ms. Currie to ask her to hold a box. See Supp. at 531.

Reference. The record indicates that such a discussion occurred. Monica Lewinsky testified under oath before the grand jury that a few hours after meeting with the President on December 28, 1997, a meeting in which Ms. Lewinsky and President Clinton discussed the fact that gifts given to her by Mr. Clinton had been subpoenaed in the case of Jones v. Clinton, Betty Currie called her:

"Question. What did [Betty Currie] say?

Answer. She said, "I understand you have something to give me." Or, "The President said you have something to give me." Along those lines. ***

"Question. When she said something along the lines of "I understand you have something to give me," or "The President says you have something for me," what did you understand her to mean?

Answer. The gifts." (Grand Jury Testimony of Monica Lewinsky, 8/6/98, pp. 154-55, H. Doc. 105-311, pp. 874-75).

In Monica Lewinsky's February 1, 1998 handwritten statement to the OIC, which Ms. Lewinsky has testified is truthful, she stated, "Ms. Currie called Ms. L later that afternoon and said that the Pres. had told her Ms. L wanted her to hold onto something for her. Ms. L boxed up most of the gifts she had received and gave them to Ms. Currie." (2/1/98 Handwritten Proffer of Monica Lewinsky, p. 7, H. Doc. 105-311, p. 715).