G. THE EVENTS OF DECEMBER 28, 1997-MS. CURRIE RETRIEVES THE

GIFTS

December 28, 1997 is a crucial date because the evidence shows that President Clinton made false and misleading statements to the federal court, the federal grand jury and the Congress of the United States about the events on that date. He also continued his course of obstructing justice.

President Clinton testified that it was "possible" that he invited Ms. Lewinsky to the White House for a visit on this date. Clinton 8/17/98 GJT at 34. He admitted that he "probably" gave Ms. Lewinsky the most gifts he had ever given her on that date and that he had given her gifts on other occasions. Clinton 8/17/98 GJT at 35. Among the many gifts the President gave Ms. Lewinsky on December 28 was a bear that he said was a symbol of strength. Clinton 8/17/98 GJT at 176. Yet on January 17, just three weeks later, the President forgot that he had given any gifts to Monica:

Q. Well, have you ever given any gifts to Monica
Lewinsky?

A. I don't recall. Do you know what they were?

Q. A hat pin?

A. I don't, I don't remember. But I certainly could have.

Clinton 1/17/98 Dep. at 75.

As an attorney, he knew that the law will not tolerate someone who says "I don't recall" when that answer is unreasonable under the circumstances. He also knew that, under those circumstances, his answer in the deposition could not be believed. When asked in the grand jury why he was unable to remember, though he had given Ms. Lewinsky so many gifts only three weeks before the deposition, the President gave a contrived explanation:

A. I think what I meant there was I don't recall what they were, not that I don't recall whether I had given them.

Clinton 8/17/98 GJT at 51.

President Clinton adopted that same answer in Response No. 42 to the Committee's Requests for Admissions. He was not asked in the deposition to identify the gifts. He was simply asked, "Have you ever" given gifts to Ms. Lewinsky. The law does not allow a witness to insert "unstated premises" or mental reservations into the question to make his answer technically true, if factually false. The essence of lying is in deception, not in words.

His false testimony with respect to gifts also extends to whether Ms. Lewinsky gave him gifts. President Clinton was asked in the deposition if Ms. Lewinsky ever gave him gifts.

Q. Has Monica Lewinsky ever given you any gifts?

A. Once or twice. I think she's given me a book or two.

Clinton 1/17/98 Dep. at 76-77.

This is also false testimony. He answered this question in his Response Number 43 to the Committee by saying that he receives numerous gifts, and he did not focus on the precise number. The law again does not support the President's position. An answer that "baldly understates a numerical fact” in “response to a specific

quantitative inquiry" can be deemed "technically true" but actually false. For example, a witness is testifying falsely if he says he went to the store five times when in fact he had gone fifty, even though technically he had gone five times also. So too, when the President answered once or twice in the face of evidence that Ms. Lewinsky brought him 40 gifts, he was lying.

On December 28, one of the most blatant efforts to obstruct justice and conceal evidence occurred. Ms. Lewinsky testified that she discussed with President Clinton her having been subpoenaed and the subpoena's calling for her to produce gifts. She recalled telling him that the subpoena requested a hat pin and that that caused her concern. Lewinsky 8/6/98 GJT at 151-52. He told her that it "bothered" him, too. Lewinsky 8/20/98 GJT at 66. Ms. Lewinsky then suggested that she take the gifts somewhere, or give them to someone, possibly Ms. Currie. The President answered: "I don't know" or "Let me think about that." Lewinsky 8/6/98 GJT at 15253. Later that day, Ms. Lewinsky got a call from Ms. Currie, who said: "I understand you have something to give me" or "the President said you have something to give me." Lewinsky 8/6/98 GJT at 154-55. Ms. Currie has an unclear memory about this incident, but says that "the best she can remember," Ms. Lewinsky called her. Currie 5/6/98 GJT at 105. Key evidence shows that Ms. Currie's unclear recollection is wrong. Ms. Lewinsky said that she thought Ms. Currie called from her cell phone. Lewinsky 8/6/98 GJT at 154-55. Ms. Currie's cell phone record corroborates Ms. Lewinsky and proves conclusively that Ms. Currie called Ms. Lewinsky from her cell phone several hours after she had left the White House. The evidence strongly suggests that President Clinton directed her to do so.

Ms. Currie's actions buttress that conclusion. There is no evidence that she asked why Ms. Lewinsky would have called her for this strange task. Rather, she simply took the gifts and placed them under her bed without asking a single question. Currie 1/27/ 98 GJT at 57-58, 5/6/98 GJT at 105-08, 114.

President Clinton stated in his Response to Requests for Admissions No. 24 and 25 from this Committee that he was not concerned about the gifts. In fact, he said that he recalled telling Ms. Lewinsky that if the Jones lawyers request gifts, she should turn them over. He testified that he is "not sure" if he knew the subpoena asked for gifts. Clinton 8/17/98 GJT at 42-43. There would be no reason for Ms. Lewinsky and President Clinton to discuss turning over gifts to the Jones lawyers if Ms. Lewinsky had not told him that the subpoena asked for gifts.

On the other hand, knowing the subpoena requested gifts, his giving Ms. Lewinsky more gifts on December 28 seems odd. But Ms. Lewinsky's testimony reveals why he did so. She said that she never questioned "that we were ever going to do anything but keep this private" and that meant to take "whatever appropriate steps needed to be taken" to keep it quiet. Lewinsky 8/6/98 GJT at 166. The only logical inference is that the gifts-including the bear symbolizing strength-were a tacit reminder to Ms. Lewinsky that they would deny the relationship even in the face of a federal subpoena.

Furthermore, President Clinton, at various times in his deposition, seriously misrepresented the nature of his meeting with Ms. Lewinsky on December 28. First, he was asked: "Did she tell you she had been served with a subpoena in this case?" He answered flatly: "No. I don't know she had been.” Clinton 1/17/98 Dep. at 68. He was also asked if he "ever talked to Monica Lewinsky about the possibility of her testifying." "I'm not sure he said. He then added that he may have joked to her that the Jones lawyers might subpoena every woman he had ever spoken to, and that "I don't think we ever had more of a conversation than that about it.

." Clinton 1/17/98 Dep. at 70. Not only does Ms. Lewinsky directly contradict this testimony, but President Clinton also directly contradicted himself before the grand jury. Speaking of his December 28, 1997 meeting, he said that he "knew by then, of course, that she had gotten a subpoena" and that they had a "conversation about the possibility of her testifying." Clinton 8/17/98 GJT at 3536. He had this conversation about her testimony only three weeks before his deposition. Again, his version is not reasonable.

H. THE EVENTS OF JANUARY 5-9, 1997-MS. LEWINSKY SIGNS THE FALSE AFFIDAVIT AND GETS THE JOB

President Clinton knew that Monica Lewinsky was going to sign a false affidavit. He was so certain of the content that when she asked if he wanted to see it, he told her no, that he had seen fifteen of them. Lewinsky 8/2/98 302 at 3. He got his information in part from his attorneys and in part from discussions with Ms. Lewinsky and Mr. Jordan about the content of the affidavit. Besides, he had suggested the affidavit himself and he trusted Mr. Jordan to be certain the mission was accomplished.

In the afternoon of January 5, 1998, Ms. Lewinsky met with her lawyer, Mr. Frank Carter, to discuss the affidavit. Lewinsky 8/6/98 GJT at 192. Mr. Carter asked her some hard questions about how she got her job. Lewinsky 8/6/98 GJT at 195. After the meeting, she called Ms. Currie, and said that she wanted to speak to President Clinton before she signed anything. Lewinsky 8/6/98 GJT at 195. Ms. Lewinsky and President Člinton discussed the issue of how she would answer under oath if asked about how she got her job at the Pentagon. Lewinsky 8/6/98 GJT at 197. He told her: "Well, you could always say that the people in Legislative Affairs got it for you or helped you get it." Lewinsky 8/6/98 GJT at 197. That was another lie.

Mr. Jordan also kept President Clinton advised as to the contents of the affidavit. Jordan 5/5/98 GJT at 224. On January 6, 1998, Ms. Lewinsky picked up a draft of the affidavit from Mr. Carter's office. Lewinsky 8/6/98 GJT at 199. She delivered a copy to Mr. Jordan's office because she wanted Mr. Jordan to look at the affidavit in the belief that if he approved, President Clinton would also. Lewinsky 8/6/98 GJT at 194-95. Ms. Lewinsky and Mr. Jordan conferred about the contents and agreed to delete a paragraph Mr. Carter inserted which might open a line of questions concerning whether she had been alone with President Clinton. Lewinsky 8/6/98 GJT at 200. By contrast, Mr. Jordan said he had nothing to do with the details of the affidavit. Jordan 3/5/98 GJT at 12. He admits, though, that he spoke with President Clinton after confer

ring with Ms. Lewinsky about the changes made to her affidavit. Jordan 5/5/98 GJT at 218.

The next day, January 7, Monica Lewinsky signed the false affidavit. Lewinsky 8/6/98 GJT at 204-05. She showed the executed copy to Mr. Jordan that same day. Jordan 5/5/98 GJT at 222. She did this so that Mr. Jordan could report to President Clinton that it had been signed and another mission had been accomplished. Jordan 3/5/98 GJT at 26.

On January 8, 1998, Ms. Lewinsky had an interview arranged by Mr. Jordan with MacAndrews and Forbes in New York. Lewinsky 8/6/98 GJT at 206. The interview went poorly. Afterwards, Ms. Lewinsky called Mr. Jordan and informed him. Lewinsky 8/6/98 GJT at 206. Mr. Jordan, who had done nothing from early November to mid December, then called the chief executive officer of MacAndrews and Forbes, Ron Perelman, to "make things happen, if they could happen." Jordan 5/5/98 GJT at 231. Mr. Jordan called Ms. Lewinsky back and told her not to worry. Lewinsky 8/6/98 GJT at 208-09. That evening, MacAndrews and Forbes called Ms. Lewinsky and told that she would be given more interviews the next morning. Lewinsky 8/6/98 GJT at 209.

The next morning, Ms. Lewinsky received her reward for signing the false affidavit. After a series of interviews with MacAndrews and Forbes personnel, she was informally offered a job. Lewinsky 8/6/98 GJT at 210. When Ms. Lewinsky called Mr. Jordan to tell him, he passed the good news on to Ms. Currie-Tell the President, "Mission Accomplished." Jordan 5/28/98 GJT at 39. Later, Mr. Jordan called President Clinton and told him personally. Jordan 5/28/ 98 GJT at 41.

After months of looking for a job-since July according to the President's lawyers-Mr. Jordan makes the call to a CEO the day after the false affidavit is signed. Mr. Perelman testified that Mr. Jordan had never called him before about a job recommendation. Perelman 4/23/98 Dep. at 11. Mr. Jordan on the other hand, said that he called Mr. Perelman to recommend for hiring: (1) former Mayor Dinkins of New York; (2) a very talented attorney from his law firm, Akin, Gump; (3) a Harvard business school graduate; and (4) Ms. Lewinsky. Jordan 3/5/98 GJT at 58-59. Even if Mr. Perelman's testimony is mistaken, Ms. Lewinsky does not have qualifications that would merit Mr. Jordan's direct recommendation to a CEO of a Fortune 500 company.

Mr. Jordan knew that the people with whom Ms. Lewinsky worked at the White House did not like her and that she did not like her Pentagon job. Jordan 3/3/98 GJT at 43-44, 59. Mr. Jordan was asked if at "any point during this process you wondered about her qualifications for employment?" He answered: "No, because that was not my judgment to make." Jordan 3/3/98 GJT at 44. Yet when he called Mr. Perelman the day after she signed the affidavit, he referred to Monica as a bright young girl who is "terrific." Perelman 4/23/98 Dep. at 10. Mr. Jordan said that she had been hounding him for a job and voicing unrealistic expectations concerning positions and salary. Jordan 3/5/98 GJT at 37-38. Moreover, she narrated a disturbing story about President Clinton leaving the First Lady and how the President was not spending enough time with her. Yet, none of that gave Mr. Jordan pause in making

the recommendation. Jordan 3/3/98 GJT at 156-57. People like Mr. Jordan do not call CEOs for marginal employees unless there is a compelling reason. The compelling reason was that President Clinton told him this was a top priority, especially after Ms. Lewinsky received a subpoena.

I. THE FILING OF THE FALSE AFFIDAVIT

Ms. Lewinsky's false affidavit was important to President Clinton's deposition. It enabled him, through his attorneys, to assert at his January 17, 1998 deposition that “ there is absolutely no

sex of any kind in any manner, shape or form with President Člinton. . . Clinton 1/17/98 Dep. at 54. When his own attorney questioned him in the deposition, the President stated specifically that the now famous paragraph 8 of Ms. Lewinsky's affidavit was "absolutely true." Clinton 1/17/98 Dep. at 204. President Clinton later affirmed the truth of that statement when testifying before the grand jury. Clinton 8/17/98 GJT at 20–21. Paragraph 8 of Ms. Lewinsky's affidavit states:

I have never had a sexual relationship with the President, he did not propose that we have a sexual relationship, he did not offer me employment or other benefits in exchange for a sexual relationship, he did not deny me employment or other benefits for rejecting a sexual relationship.

Appendices at 1235-36.

Ms. Lewinsky reviewed the draft affidavit on January 6, and signed it on January 7 after deleting a reference to being alone with President Clinton. She showed a copy of the signed affidavit to Mr. Jordan who called President Clinton and told him that she signed it. Jordan 3/5/98 GJT at 24-26, 5/5/98 GJT at 222.

Getting the affidavit signed was only half the battle. To have its full effect, it had to be filed with the Court and provided to President Clinton's attorneys in time for his deposition on January 17. On January 14, the President's lawyers called Mr. Carter and left a message, presumably to find out if he had filed the affidavit with the Court. Carter 6/18/98 GJT at 123. On January 15, President Clinton's attorneys called Mr. Carter twice. When they finally reached him, they requested a copy of the affidavit, and asked him, "Are we still on time?" Carter 6/18/98 GJT at 123. Mr. Carter faxed a copy on January 15. Carter 6/18/98 GJT at 123. President Clinton's counsel knew of its contents and used it powerfully in the deposition.

Mr. Carter called the Court in Arkansas twice on January 15 to ensure that the affidavit could be filed on Saturday, January 17. Carter 6/18/98 GJT at 124-25. He finished the Motion to Quash Ms. Lewinsky's deposition in the early morning hours of January 16, and mailed it to the Court with the false affidavit attached for Saturday delivery. Carter 6/18/98 GJT at 134. President Clinton's lawyers called him again on January 16 telling him, "You'll know what it's about." Carter 6/18/98 GJT at 135. President Clinton needed that affidavit to be filed with the Court to support his plans to mislead Ms. Jones's attorneys in the deposition.