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Managers: evidence, law prove perjury, obstruction of justice
January 15, 1999 WASHINGTON (AllPolitics, January 15) -- During the second day of their opening statements in the Senate trial of President Bill Clinton, House prosecutors focused on the specific sexual details of Clinton's affair with former White House intern Monica Lewinsky, claiming his grand jury testimony shows the president "perjured himself above all else."
House managers will wrap up their presentation Saturday. When the trial resumes at 10 a.m. ET, Reps. Charles Canady (R-Florida), Steve Buyer (R-Indiana) and Lindsey Graham (R-South Carolina) will speak on constitutional law as it applies to the impeachment case against Clinton. Lawyers for the president will present their defense case next week. Kicking off the prosecutors' statements Friday, Rep. Bill McCollum (R-Florida) walked step-by-step through what he described as "perjurious" testimony by Clinton in both the Paula Jones civil rights case and before Independent Counsel Ken Starr's grand jury.
Clinton lawyer Gregg Craig responded heatedly Friday to the House prosecutors' opening remarks. "They returned again and again to the president's deposition in the Jones case, despite the fact that a bipartisan majority of the House of Representatives specifically considered and specifically rejected an article of impeachment based on that case," Craig said. Rep. George Gekas said Friday, Clinton violated federal laws, "obliterating the rights of Paula Jones" to a fair trial in her civil rights case against the president. The Pennsylvania Republican's statement opened the second phase of the House managers' opening presentation, focusing on the law as it applies to perjury and obstruction of justice. The first group, who presented Thursday and early Friday, concentrated on the facts of the case.
Arguing the lawGekas told senators Clinton's perjury began in December 1997 when attorneys for Jones requested a list of women (other than his wife) who had worked as government employees under Governor or President Clinton and allegedly had sexual activity with him. "None," Clinton answered. That was lie, said Gekas, because Clinton knew the most common definition of sex was being used. Gekas pointed out the president's answers to questions in the Jones case preceded his January 1998 deposition when the definition of sex was more carefully outlined. In the most emotional presentation yet, Gekas spoke without relying on his prepared text, his voice rising, and his arms swinging wildly as he sought to make his case. "It was an attempt, a bold attempt, one that succeeded in some respects to obstruct the justice sought by a fellow American citizen. That is heavy. That is soul-searching in its quality. That goes beyond those who would say, 'He committed perjury about sex so what,'" said Gekas.
Jones had alleged that Clinton made a sexual advance to her while he was governor of Arkansas. Although the case was dismissed by a federal district judge, it was settled for a cash payment by Clinton to Jones before an appeals court could rule on whether it would be reinstated. Echoing Thursday's "fact team" statements, McCollum asked senators to view the evidence in the case as "one big obstruction," saying the president worked out a scheme to cover up his affair with Lewinsky to protect himself in the Jones lawsuit. McCollum said the president encouraged the filing of a false affidavit by Lewinsky in the Jones case. "If you believe Monica Lewinsky, can there be any doubt that the president was suggesting that she file an affidavit that would contain lies and falsehoods?" McCollum said. Managers urge Senate to call Lewinsky to testifyMcCollum asked the Senate to believe the testimony of Lewinsky as proof the president "knowingly, intentionally" sought to obstruct justice. Characterizing Lewinsky as a "credible" witness McCollum appealed to those senators who doubt her testimony to call her as a witness in the trial.
"The record is so clear on this that if you have any significant doubt about Monica Lewinsky's credibility on this testimony, you should have us bring her in here and examine her face-to-face and judge her credibility yourself," McCollum said. The repeated request for witnesses by House managers also drew White House fire. Craig accused House managers of trying to expand and extend the trial by requesting witnesses. House managers "demanded again and again that they be allowed to delay the trial by parading witnesses on the floor of the Senate, despite the fact that the bipartisan unanimous decision of the Senate was to defer the question of witnesses until the case has been presented in full by both sides," Craig said. House managers repeatedly argued Friday for Lewinsky's credibility over that of the president.
"If you believe the testimony of Monica Lewinsky, you cannot believe the president or accept the argument of his lawyers," McCollum said. The final speaker Friday, Rep. Bob Barr (R-Georgia) agreed with McCollum saying, "The president's position is simply not credible. It defies the evidence. It defies any reasonable interpretation of the evidence. It defies common sense. And it defies the law." Also speaking Friday were Rep. Steve Chabot (R-Ohio) and Rep. Chris Cannon (R-Utah). Each discussed the laws regarding perjury and obstruction of justice and how they apply to the case against the president.
Barr, like those before him, went through conversations between the president and Lewinsky, dissecting testimony, and drawing conclusions.
Barr and Gekas mentioned the repetition in their statements Friday, but told senators it was necessary to have a complete record. Rehnquist makes rulingShaking up the proceedings briefly Friday, Sen. Tom Harkin (D-Iowa) raised an objection during Barr's presentation. Addressing Chief Justice William Rehnquist, who is presiding over the case, Harkin said he objected to senators being referred to as jurors. (Full story)Harkin quoted the Constitution, the Federalist Papers and the 26 rules of the Senate governing impeachments, to make his point that the Senate is designated to hear impeachment cases as something other than a jury. Rehnquist agreed with the objection and directed the House managers not to refer to senators as jurors. Thursday's fact caseMcCollum's summary of the factual case rounded out the presentation from the managers' "fact team," which with began Thursday with statements from Reps. Ed Bryant (R-Tennessee), James Rogan (R-California) and Asa Hutchinson (R-Arkansas). The trial adjourned on Thursday night after the House prosecution team, made up of 13 Republicans from the House Judiciary Committee, completed a six-hour presentation of evidence.
During opening statements on Thursday, some senators seemed to have trouble staying awake. Before Friday's session got under way, Chabot said he would try to keep that from happening when he takes the floor. "I'm going to do my best to present the law of evidence, the elements that have to do with perjury and, hopefully, not put 100 senators to sleep," he told CNN. On Thursday, Rogan and Hutchinson used charts and video clips and quoted from the written record to lay out in detail the two articles of impeachment against Clinton that were approved by the House last month. (Full story) In his introductory remarks, Judiciary Committee Chairman Henry Hyde reminded the senators of their duties as impartial jurors. "You are seated in this historic chamber ... to listen to the evidence as those who must sit in judgment. To guide you in this grave duty, you've taken an oath of impartiality." The managers are fighting an uphill battle to convince two-thirds of the Senate that Clinton should be convicted of the two articles of impeachment, and consequently be removed from office.
To further strengthen their case, all the speakers stressed the need for witnesses during the trial. "On behalf of the House of Representatives, we urge this body to bring forth the witnesses and place them all under oath," Rogan said. No new evidence has been offered so far by the managers and the speeches have been, by in large, dispassionate recitations of now-familiar events. A captive audience, the senators listened to the presentations without speaking. |
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