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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 "new 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 35– 36. 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 Clinton 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 8/6798 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 conferring 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 relation

ship. 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.

On January 15, Michael Isikoff, a Newsweek reporter, called Ms. Currie and asked her whether Ms. Lewinsky had been sending gifts to her by courier. Currie 5/6/98 GJT at 123; Lewinsky 8/6/98 GJT at 228. Ms. Currie then called Ms. Lewinsky and told her about it. Lewinsky 8/6/98 GJT at 228–29. President Clinton was out of town. Later, Ms. Currie called Ms. Lewinsky back and asked for a ride to Mr. Jordan's office. Lewinsky 8/6/98 GJT at 229; Currie 5/6/98 GJT at 130–31. Mr. Jordan advised her to speak with White House Deputy Counsel Bruce Lindsey and White House Press Secretary Mike McCurry. Jordan 3/5/98 GJT at 71. Ms. Currie testified that she spoke immediately to Mr. Lindsey about Mr. Isikoffs call. Currie 5/6/98 GJT at 127.



President Clinton also provided false and misleading testimony in the grand jury when he was asked about his attorney, Robert Bennett's representation to Judge Wright, the judge in the Jones case, that President Clinton is "fully aware” that Ms. Lewinsky filed an affidavit saying 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. In the grand jury, President Clinton was asked about his lawyer's representation in his presence and whether he felt obligated to inform Judge Wright of the true state of affairs. President Clinton answered that he was “not even sure I paid much attention to what (Mr. Bennett) was saying." Clinton 8/17/98 GJT at 24. When pressed further, he said that he did not believe he “even focused on what Mr. Bennett said in the exact words he did until I started reading this transcript carefully for this hearing. That moment, the whole argument just passed me by." Clinton 8/ 17/98 GJT at 29.

This last statement by President Clinton is critical. First, he had planned his answer to the grand jurors. He spent literally days with his attorney going over that deposition in detail and crafting answers in his mind that would not be obviously false. Second, he knew that he could only avoid an admission that he allowed a false affidavit to be filed by convincing the grand jury that he had not been paying attention. The videotape of the deposition shows clearly that President Clinton was paying close attention and that he followed his lawyer's argument.

President Clinton had every reason to pay attention. Mr. Bennett was talking about Ms. Lewinsky, at the time the most dangerous person in his life. If the false affidavit worked and Ms. Jones's lawyers could not question him about her, the Lewinsky problem was solved. President Clinton was vitally interested in what Mr. Bennett was saying. Nonetheless, when he was asked in the grand jury whether Mr. Bennett's statement was false, he still was unable to tell the truth-even before a federal grand jury. He answered with the now famous sentence, "It depends on what the meaning of the word “is” is.” Clinton 8/17/98 GJT at 58.

But President Clinton reinforced Ms. Lewinsky's lie. Mr. Bennett read to him the paragraph in Ms. Lewinsky's affidavit in which she denied a sexual relationship with President Clinton:

Q. In paragraph eight of her affidavit, she says this, “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.” Is that a true and accurate statement as far as you know it?

A. That is absolutely true. Clinton 1/17/98 Dep. at 204. When asked about this in the grand jury and when questioned about it by this Committee, the President said that if Ms. Lewinsky believed it to be true, then it was a true statement. Clinton 8/17/98 GJT at 21.

First, Ms. Lewinsky admitted to the grand jury that the paragraph was false. Lewinsky 8/6/98 GJT at 204. Second, President Clinton was not asked about Ms. Lewinsky's belief. Rather, he was asked quite clearly and directly by his own lawyer whether the statement was true. His answer was unequivocally, yes. That statement is false.

Lastly, President Clinton asserts that according to his reading of the definition of "sexual relations" given to him at the deposition, he did not have sexual relations with Ms. Lewinsky. His reading of the definition was an afterthought conceived while preparing for his grand jury testimony. His explanation to the grand jury, then, was also false and misleading.

Apart from that defined term, President Clinton does not explain his denial of an affair or a sexual affair—he cannot. Neither can he avoid his unequivocal denial of sexual relations in the answers to interrogatories in the Jones case-answered before the definition of sexual relations used in the deposition had been developed.

Q. Did you have an extramarital sexual affair with
Monica Lewinsky?

A. No.

Q. If she told someone that she had a sexual affair with
you beginning in November of 1995, would that be a lie?

A. It's certainly not the truth. It would not be the truth.
Q. I think I used the term "sexual affair." And so the

ord is completely clear, have you ever had sexual rela-
tions with Monica Lewinsky, as that term is defined in
Deposition Exhibit 1, as modified by the Court?

Mr. BENNETT. I object because I don't know that he can remember

Judge WRIGHT. Well, it's real short. He can I will permit the question and you may show the witness definition number one.

A. I have never had sexual relations with Monica

Lewinsky. I've never had an affair with her. Clinton 1/17/98 Dep. at 78.


By the time President Clinton concluded his deposition, he knew that someone was talking about his relationship with Ms. Lewinsky. He also knew that the only person who could be talking was Ms. Lewinsky herself. The cover story that he and Ms.

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