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 respor.ded 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

and always protect him. The President would respond "that's good" or similar language of encouragement.

When President Clinton called Ms. Lewinsky to tell her she was on the witness list, he made sure to remind her of those prior cover stories. Ms. Lewinsky testified that when he brought up the misleading story, she understood that the two would continue their pre-existing pattern of deception. President Clinton had no intention of making his sexual relationship with Ms. Lewinsky a public affair. He would use lies, deceit, and deception to ensure that the truth would not be known.

When the President was asked by the grand jury whether he remembered calling Monica Lewinsky at 2:00 a.m., he responded: "No sir, I don't. But it would—it is quite possible that that happened Clinton 8/17/98 GJT at 116. When he was asked whether he encouraged Ms. Lewinsky to continue the cover stories of "coming to see Betty" or "bringing the letters," he answered: "I don't remember exactly what I told her that night." Clinton 8/17/98 GJT at 117.

Six days earlier, he had become aware that Ms. Jones's lawyers were now able to inquire about other women. Ms. Lewinsky could file a false affidavit, but it might not work. It was absolutely essential that both parties tell the same story. He knew that he would lie if asked about Ms. Lewinsky; and he wanted to make certain that she would lie also.

But President Clinton had an additional problem. It was not enough that he and Ms. Lewinsky simply deny the relationship. The evidence was accumulating. And the evidence was driving the President to reevaluate his defense. By this time, the evidence was establishing, through records and eyewitness accounts, that President Clinton and Ms. Lewinsky were spending a significant amount of time together in the Oval Office complex. The unassailable facts were forcing President Clinton to acknowledge the relationship. But at this point, he still had the opportunity to establish an explanation for their meetings that did not reveal the sexual relationship. He still had this opportunity because his DNA had not yet been identified on Ms. Lewinsky's blue dress. For that reason, President Clinton needed Ms. Lewinsky to go along with the cover story to provide an innocent explanation for their frequent meetings. And that innocent explanation came in the form of "document deliveries" and "friendly chats with Betty Currie."

When the President was deposed on January 17, 1998, he used the exact same cover stories that Ms. Lewinsky had used. In doing so, he maintained consistency with any future Lewinsky testimony while also maintaining his defense in the Jones lawsuit. In his deposition, he was asked whether he was ever alone with Ms. Lewinsky. He responded: "I don't recall . . . She-it seems to me she brought things to me once or twice on the weekends. In that case, whatever time she would be in there, drop it off, exchange a few words and go, she was there." Clinton 1/17/98 Dep. at 52-53 (emphasis added).

Additionally, whenever questions were posed regarding Ms. Lewinsky's frequent visits to the Oval Office, President Clinton never hesitated to bring Betty Currie's name into his answers:

A. And my recollection is that on a couple of occasions after [the pizza party meeting], she was there [in the Oval Office] but my secretary, Betty Currie, was there with her. Clinton 1/17/98 Dep. at 58.

Q. When was the last time you spoke with Monica Lewinsky?

A. I'm trying to remember. Probably sometime before Christmas. She came by to see Betty sometime before Christmas. And she was there talking to her, and I stuck my head out, said hello to her.

Clinton 1/17/98 Dep. at 68. Or in another example:

Q. Mr. President, before the break, we were talking about Monica Lewinsky. At any time were you and Monica Lewinsky together alone in the Oval Office?

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

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

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

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

A. I don't believe so, unless we were walking back to the back dining room with the pizza. I just, I don't remember. I don't believe we were alone in the hallway, no.

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

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

Q. Do you remember anything that was said in any of those meetings?

A. No. You know, we just have conversation, I don't remember.

Clinton 1/17/98 Dep. at 52-53, 58–59.

F. THE EVENTS OF DECEMBER 19, 1997-MS. LEWINSKY RECEIVES A

SUBPOENA

President Clinton and Ms. Lewinsky realized their greatest fears on December 19, 1997, when Ms. Lewinsky received a subpoena to testify in a deposition on January 23, 1998 in the Jones case. Lewinsky 8/6/98 GJT at 128. It also called for her to produce gifts given to her by President Clinton, including a hat pin. Extremely distraught, she immediately called Mr. Jordan. Ms. Lewinsky testified that President Clinton previously told her to call Ms. Currie if she were subpoenaed. She called Mr. Jordan instead because Ms. Currie's brother recently died, and Ms. Lewinsky did not want to bother her. Lewinsky 8/6/98 GJT at 128-29.

Mr. Jordan invited Ms. Lewinsky to his office and she arrived shortly before 5 p.m. She was still extremely distraught. Sometime around this time, Mr. Jordan called President Clinton and told him Ms. Lewinsky had been subpoenaed. Jordan 5/5/98 GJT at 145. During the meeting with Ms. Lewinsky, which Mr. Jordan characterized as "disturbing," she talked about her infatuation with President Clinton. Jordan 3/3/98 GJT at 100, 150. Mr. Jordan also decided that he would call a lawyer for her. Jordan 3/3/98 GJT at 161. That evening, Mr. Jordan met with President Clinton and relayed his conversation with Ms. Lewinsky. The details are important because President Clinton, in his deposition, testified that he did not recall that meeting.

Mr. Jordan told President Clinton again that Ms. Lewinsky had been subpoenaed, that he was concerned about her fascination with President Clinton, and that Ms. Lewinsky had asked Mr. Jordan if he thought President Clinton would leave the First Lady. He also asked President Clinton if he had sexual relations with Ms. Lewinsky. Jordan 3/3/98 GJT at 169. President Clinton was asked: Q. Did anyone other than your attorneys ever tell you that Monica Lewinsky had been served with a subpoena in this case?

A. I don't think so.

Q. Did you ever talk with Monica Lewinsky about the possibility that she might be asked to testify in this case? A. Bruce Lindsey, I think Bruce Lindsey told me that she was, I think maybe that's the first person told me she was. I want to be as accurate as I can.

Clinton 1/17/98 Dep. at 68-69.

In the grand jury, President Clinton first repeated his denial that Mr. Jordan told him Ms. Lewinsky had been subpoenaed. Clinton 8/17/98 GJT at 39. Then, when given more specific facts, he admitted that he "knows now" that he spoke with Mr. Jordan about the subpoena on the night of December 19, but his "memory is not clear." Clinton 8/17/98 GJT at 41-42. In an attempt to explain away his false deposition testimony, the President testified in the grand jury that he was trying to remember who told him first. Clinton 8/17/98 GJT at 41. But that was not the question. So his answer was again false and misleading. When one considers the nature of the conversation between President Clinton and Mr. Jordan, the suggestion that President Clinton forgot it defies common

sense.