WASHINGTON (AllPolitics, December 10) -- In the last act before the House Judiciary Committee begins debate on articles of impeachment against President Bill Clinton, the chief counsels for the majority and minority on the committee offered dueling interpretations Thursday of the president's behavior.

While the Democratic counsel admitted the president "could have, should have, acted better," the Republican counsel shot back that "there is no such thing as non-serious perjury."

Also in this story:

• Schippers attacks the president
• Democrats conclude anti-impeachment argument
• Lowell debuts Clinton's Jones deposition video
• Turning the tables on Starr
• The article of impeachment

In a preface to the committee's debate on the four articles of impeachment that would send Clinton to trial in the Senate, Republican chief counsel David Schippers told the panel "lies are lies are lies."

VIDEO
Clinton deposition: Lawyers discuss definition of sexual relations, as submitted in the Paula Jones case (12-10-98) Real: 28K | 56K, Windows Media: 28K | 56K

Schippers spent two hours and 45 minutes attacking Clinton and arguing that he lied, abused his power and obstructed justice in the Monica Lewinsky affair.

"This is not about sex or private conduct; it is about multiple obstructions of justice, perjury, false and misleading statements, witness-tampering and abuse of power, all committed or orchestrated by the president of the United States," Schippers said.

Before Schippers, Abbe Lowell, the chief counsel for the Democrats on the committee, delivered the closing argument for them.

"The rode to dishonor in office can end in this committee, in this room, on this very day," Lowell said. "What an impeachment is, of course, is the single device to remove from the office the chief executive who you decide is constitutionally disqualified to serve, and by doing so, overturn two national elections."

After the committee lawyers finished, Clinton attorney Gregory Craig appeared outside the White House to deliver another plea to the members of the House of Representatives.

"On behalf of the president of the United States, before you vote to impeach and remove the president, read the defense of the president ... and then be guided by your conscience and your judgment in the national interest," Craig said.

Schippers told the committee that in addition to the stated charges against the president, his team was forced to abandon several promising leads because of time constraints and because the Justice Department said pursuing them would "seriously compromise ongoing investigations."

Schippers

But while the GOP chief counsel began by delving into the often cited details of the meetings between Lewinsky and Clinton, his most damaging evidence against the president came from Clinton himself.

In a never-before-seen portion of the videotape of Clinton's January 17 deposition in the Paula Jones civil lawsuit, Schippers showed the committee how Clinton struggled for responses to questions about whether he had been alone with Lewinsky.

"At any time were you and Monica Lewinsky alone in the hallway between the Oval Office and this kitchen area?" Jones' attorney asked.

"... I don't believe we were alone in the hallway, no," Clinton responded.

"It was really more the president choosing the hallway, I think, and it was -- there weren't any windows there," Lewinsky testified before the grand jury on August 6. "I think a lot of times we ended up just sort of standing there (in the hallway) and talking there because he could close the door to the bathroom and lean up against the bathroom."

After showing the tape, Schippers remarked, "Life was so much simpler before they found that dress, wasn't it?"

FBI tests proved that a blue dress Lewinsky turned over to Independent Counsel Ken Starr contained evidence of a sexual relationship with Clinton.

Often angry and abrasive, Shippers concentrated on interpreting Clinton's testimony, characterizing the president as "crafty" and calling his explanations "lame and obviously contrived" and his answers "deceitful."

Craig, the president's attorney, condemned Schippers' comments about additional unspecified allegations against the president.

"We are disappointed and saddened that the committee majority brought this solemn constitutional process down to a level of innuendo, anger and unfair, unsubstantiated charges," Craig said.

In perhaps the most engaging presentation thus far in the committee's impeachment inquiry, Lowell used videotapes, audio tapes and transcripts of grand jury testimony to argue the facts against impeaching the president.

Lowell

Lowell began his nearly two-hour summation of the anti-impeachment arguments Thursday morning by saying: "The road to dishonor can end here today."

"Lowering the bar creates a novel theory of impeachment," Lowell warned, quoting historian Arthur Schlesinger. "It would permanently weaken the presidency."

Directly rebutting the Republican criticism that neither the president's team nor the Democratic minority on the committee have presented any witnesses, Lowell set forth his argument by "calling witnesses to the stand" by citing testimony from key witnesses provided in the thousands of pages of supporting materials to Starr's referral to Congress.

Before launching into a point-by-point argument against the four articles of impeachment the Republican members of the committee have drafted, Lowell unveiled Clinton's videotaped Jones deposition.

The tape, under seal since the committee received it from Judge Susan Webber Wright earlier this year, had never been aired publicly.

Clinton gives deposition in Jones case

During the videotape excerpt, which Lowell said would show how the Lewinsky saga began, Clinton sat stoically while his lawyer, Bob Bennett, and Jones' attorneys argued about the definition of sexual relations for nearly 15 minutes.

After a confusing argument, Judge Wright struck out part of the definition from the Jones camp. Bennett repeatedly argued that using the Jones definition would create a situation like "ships passing in the night," where Clinton thought the convoluted definition meant one thing and the Jones' camp thought it meant another.

In a prophetic statement, Judge Wright commented, "I'm not sure Mr. Clinton knows all these definitions anyway."

Lowell then asked the committee members if they really wanted to subject the nation to a trial that would "put the country through that unseemly spectacle of a trial requiring Ms. Lewinsky to describe what part of him touched what part of her."

Turning the tables on Starr

Arguing against Article One, which cites Clinton for allegedly providing "perjurious, false and misleading testimony," Lowell contended that Clinton's failure to recall certain details of his relationship with Lewinsky is not necessarily perjury.

"Before this committee starts making the phrase, 'I don't recall, I don't remember, I'd have to think about it,' something that you would bring to the floor of the Senate, see what an unfair tactic that really is," Lowell said before showing video clips of Starr's November 19 testimony before the Judiciary Committee.

Starr testifies before the Judiciary Committee

"I have no recollection of that but I am happy to search my recollection ... I would have to search my recollection ... I cannot recall off the top of my head ... I would have to conduct an interview with my agents ... I would frankly have to search my recollections," Starr said, in the minority counsel's edited videotape.

Lowell read transcripts from the testimony of Lewinsky and presidential secretary Betty Currie, as well as playing portions of the Tripp audio tapes and screening sections of Clinton's August 17 grand jury testimony. Again returning to the Republican criticism that the facts show Clinton should be impeached, Lowell cited many pieces of evidence that he said he should exonerate the president of witness-tampering, abuse of power and perjury.

After Lowell finished and the committee broke for lunch, the panel rejected a motion by Democrat Robert Scott of Virginia requiring the committee to call additional witnesses. After the break Hyde told the committee his staff had telephoned White House Counsel Charles Ruff to offer him the opportunity to return to the committee for additional testimony. According to Hyde, Ruff declined.

White House officials disputed Hyde's statement that Ruff had been invited to give another presentation to the committee.

The officials said Ruff spoke briefly with the committee's Democratic and Republican counsels, who told him they were considering giving him a chance to come back and rebut the specific articles of impeachment released by Republicans as Ruff neared the end of his testimony Wednesday.

But the idea was dropped, the White House officials say, when Ruff said he would need time to prepare and could not possibly make a new presentation Thursday.

After Schippers' closing argument, members of the committee will each have 10 minutes to make opening statements before the historic debate on the four article of impeachment begins.

With passage of at least one article of impeachment all but certain, the vigorous debate sure to follow the closing statements is targeted at both undecided moderates in the full House and the congressional record which history will use to judge the fairness of the committee.

Clinton has admitted to an illicit affair with Lewinsky, but denied he committed perjury or obstruction of justice to try to conceal their illicit sexual relationship.

Republicans on the committee unveiled four draft articles of impeachment Wednesday, alleging that Clinton lied in the Jones case and before Starr's grand jury, obstructed justice and abused his powers as president.

Article One concerns alleged perjury by Clinton before the grand jury. It charges that the president "willfully provided perjurious, false and misleading testimony" to the grand jury concerning his relationship with Lewinsky, in testimony he gave in the Jones case, with misleading statements he allowed his personal attorney, Bob Bennett, to make in that case and in efforts to influence the testimony of witnesses in the Jones case.

Article Two concerns alleged perjury in the Jones case, charging that the president provided perjurious, false and misleading testimony as part of his answers in the affidavit and in his deposition.

Article Three concerns obstruction of justice, charging Clinton with encouraging Lewinsky to submit a false written affidavit; encouraging her to give false testimony to the court; helping come up with a plan to hide gifts he exchanged with Lewinsky; intensifying efforts to help Lewinsky get a job to prevent her truthful testimony; allowing his attorney, Bennett, to make false and misleading statements about the Lewinsky affidavit; making false and misleading statements to Betty Currie, his secretary; and making false and misleading statements to his aides, Erskine Bowles, Bruce Lindsey and Sidney Blumenthal.

Article Four concerns abuse of power, charging the president with making misleading statements for the purpose of misleading and deceiving the people of the United States; false and misleading statements to members of the Cabinet and White House aides; frivolously asserting executive privilege; and making perjurious, false and misleading statements to Congress in his answers to the 81 questions asked him by the Judiciary Committee last month.

Each of the four articles ends with similar harsh language:

"In doing this, William Jefferson Clinton has undermined the integrity of his office, has brought disrepute on the Presidency, has betrayed his trust as President, and has acted in a manner subversive of the rule of law and justice, to the manifest injury of the United States.

"Wherefore, William Jefferson Clinton, by such conduct, warrants impeachment and trial and removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States."

Both Clinton's supporters and his opponents are targeting Republican moderates and Republicans who represent Democratic-leaning districts, who probably hold the key to whether the full House impeaches Clinton and send the case to the Senate for trial. A two-thirds vote there would be required to remove Clinton from office.

Thursday, December 10, 1998

• Judiciary members begin historic impeachment debate
• Poll: Most Americans think Clinton committed perjury
• Judiciary lawyers debate Clinton's conduct
• Gingrich warns House to be ready to be called into session
• Democrats respond to proposed articles of impeachment
• Businessman who offered Jones $1 million is arrested
• Election commission rejects penalties for Clinton, Dole
• Analysis: Hearings lack Watergate drama
• LaHood selected to run House impeachment debate
• Second videotape of Clinton about to debut
• Pentagon report: Hughes helped China improve rockets
• Republican John Ensign concedes loss in Nevada Senate race

Transcripts:
• Closing arguments by Lowell
• Closing arguments by Schippers

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