1. The pseudonym Jane Doe was used during discovery to refer to certain women whose identities were protected from the public.
2. For a discussion of the procedural background to the Jones case, see Appendix, Tab C.
3. Sections 1621 and 1623 of Title 18 (perjury) carry a penalty of imprisonment of not more than five years for knowingly making a false, material statement under oath, including in any ancillary court proceeding. An "ancillary proceeding" includes a deposition in a civil case. United States v. McAfee, 8 F.3d 1010, 1013 (5th Cir. 1993); United States v. Scott, 682 F.2d 695, 698 (8th Cir. 1982). The perjury statutes apply to statements made during civil proceedings. As one United States Court of Appeals recently stated, "we categorically reject any suggestion, implicit or otherwise, that perjury is somehow less serious when made in a civil proceeding. Perjury, regardless of the setting, is a serious offense that results in incalculable harm to the functioning and integrity of the legal system as well as to private individuals." United States v. Holland, 22 F.3d 1040, 1047 (11th Cir. 1994); see also United States v. Wilkinson, 137 F.3d 214, 225 (4th Cir. 1998).
4. Clinton 1/17/98 Depo.; see also Clinton 1/17/98 Depo. at 18.
5. Clinton 1/17/98 Depo. at 19.
6. Written interrogatories are a common discovery device in federal civil cases by which a party serves written questions on the opposing party. The rules require that they be answered under oath and therefore under penalty of perjury. See Fed. R. Civ. P. 33.
7. V002-DC-00000016-32 (Plaintiff's Second Set of Interrogatories, see Interrogatory no. 10). The interrogatory in the text reflects Judge Wright's order, dated December 11, 1997, limiting the scope of the question to cover only women who were state or federal employees at the relevant times.
8. V002-DC-00000052-55 (President Clinton's Supplemental Responses to Plaintiff's Second Set of Interrogatories, see Response to Interrogatory no. 10).
9. Clinton 1/17/98 Depo., Exh. 1.
10. Robert S. Bennett, counsel for President Clinton.
11. Clinton 1/17/98 Depo. at 78 (emphasis added).
12. Id. at 204 (emphasis added). The full text of Ms. Lewinsky's affidavit is set forth in the Doc. Supp. B, Tab 7.
13. White House records reflecting entry and exit are incomplete. For Ms. Lewinsky, there are no records for January 7, 1996, and January 21, 1996.
14. The President's false statements to the grand jury are discussed in Ground II.
15. Lewinsky 8/26/98 Depo. at 6-7.
16. Id. at 7.
17. Id. at 8. Ms. Lewinsky stated that the hallway outside the Oval Office study was more suitable for their encounters than the Oval Office because the hallway had no windows. Lewinsky 8/6/98 GJ at 34-35.
18. Lewinsky 8/26/98 Depo. at 8.
19. Id. at 8, 21. Ms. Lewinsky testified that she had an orgasm. Id. at 8.
20. Id. at 11-12.
21. Id. at 12-13.
22. Id. at 14.
23. Id. at 12-13.
24. Id. at 15-16.
25. Id. at 17. After the sexual encounter, she saw the President masturbate in the bathroom near the sink. Id. at 18.
26. Id. at 18.
27. Id. at 18.
28. Id. at 19. They engaged in oral-anal contact as well. See Lewinsky 8/26/98 Depo. at 18-20.
29. Id. at 21-22. This was shortly after their first phone sex encounter, which occurred on January 16, 1996. Id. at 22; Lewinsky 7/30/98 Int. at 9. Phone sex occurs when one or both parties masturbate while one or both parties talk in a sexually explicit manner on the telephone.
30. Lewinsky 8/26/98 Depo. at 25.
31. Id. at 26. As Ms. Lewinsky departed, she observed the President "manually stimulating" himself in Ms. Hernreich's office. Id. at 27.
32. Id. at 28-32.
33. Id. at 28.
34. Id. at 30-31. Ms. Lewinsky testified that she had an orgasm. Id.
35. Id. at 30-32. They engaged in oral-anal contact as well. See Lewinsky 8/26/98 Depo. at 29-33.
36. Id. at 34-38.
37. Id. at 37-38. The President then put the cigar in his mouth and said to Ms. Lewinsky: "it tastes good." Lewinsky 7/30/98 Int. at 12-13; see also Lewinsky Depo. at 38.
38. Lewinsky 8/6/98 GJ at 91, 94-97; Lewinsky 8/26/98 Depo. at 40-42.
39. Lewinsky 8/26/98 Depo. at 40-43.
40. Id. at 45-49. They had engaged in phone sex a number of times in the interim, according to Ms. Lewinsky. Lewinsky 7/30/98 Int. at 14-15.
41. Lewinsky 8/26/98 Depo. at 47. On this occasion, the President ejaculated. Id.
42. FBI Lab Report, Lab Nos. 980730002SBO and 980803100SBO, 8/17/98.
43. Lewinsky 8/26/98 Depo. at 49-51.
44. Ms. Lewinsky testified that she had multiple orgasms. Id. at 50.
45. Id. at 50-51; Lewinsky 8/6/98 GJ at 21. On this occasion, the President ejaculated. Lewinsky 8/26/98 Depo. at 50-51.
46. Lewinsky 8/26/98 Depo. at 51-53.
47. Id. at 53. See also Lewinsky 8/6/98 GJ at 35-36.
48. Lewinsky 7/30/98 Int. at 11-16; Lewinsky 8/6/98 GJ at
24. The summary chart of contacts between the President and
Ms. Lewinsky, GJ Exhibit ML-7, which is based on information
provided by Ms. Lewinsky, lists 17 separate phone sex calls. Id.
at 27-28. Ms. Lewinsky also gave the President Vox, a novel
about phone sex. Id.
While phone sex may not itself constitute a "sexual
relationship," it adds detail to Ms. Lewinsky's testimony and
underscores the sexual and intimate nature of the relationship
between the President and Ms. Lewinsky.
Ms. Lewinsky also said that the President left a few messages on her home answering machine (although he told her he did not like to leave messages). Ms. Lewinsky provided four microcassettes of four messages to the OIC on July 29, 1998. FBI Receipt for Property Received, dated 7/29/98.
49. FBI Lab Report, Lab No. 9800730002SB0, 8/3/98.
50. FBI Observation Report (White House), 8/3/98.
51. FBI Lab Report, Lab No. 980730002SBO and 980803100SBO, 8/17/98.
53. Catherine Davis 3/17/98 GJ at 9-10. Ms. Catherine Davis talked to Ms. Lewinsky by telephone an average of once a week until April 1997 when Ms. Davis moved to Tokyo; thereafter she and Ms. Lewinsky remained in touch through e-mail. Id. at 14, 27.
54. Id. at 19-20.
55. Id. at 20.
56. Id. at 169.
57. Id. at 37.
58. Erbland 2/12/98 GJ at 9-10. Ms. Erbland testified that she spoke on the phone with Ms. Lewinsky at least once a month. Id. at 18-19.
59. Id. at 24, 30, 31.
60. Id. at 27.
61. Id. at 26 ("She told me that she had given him [oral sex] and that she had had all of her clothes off, but that he only had his shirt off and that she had given him oral sex and they kissed and fondled each other and that they didn't have sex. That was kind of a little bit of a letdown for her."); id. at 29 ("He put his face in her chest. And, you know, just oral sex on her part, you know, to him.").
62. Id. at 29.
63. Id. at 45.
64. Id. at 39 ("They were like phone sex conversations. They would, you know, talk about what they wanted to do to each other sexually.").
65. Ms. Ungvari spoke with Monica Lewinsky on the telephone an average of once a week, and visited her in Washington in October 1995 and March 1996. Ungvari 3/19/98 GJ at 9-11, 14-15.
66. Id. at 18.
67. Id. at 23-24.
68. Id. at 81.
69. Raines 1/29/98 GJ at 11. Ms. Raines and Monica Lewinsky have become "close friend[s]" since Ms. Lewinsky left the White House. Id. at 19.
70. Id. at 35-36, 38.
71. Id. at 30, 43, 48.
72. Id. at 51.
73. Andrew Bleiler 1/28/98 Int. at 3.
74. Id. at 3.
75. Ms. Lewinsky gave this Office permission to interview Dr. Kassorla.
76. Kassorla 8/28/98 Int. at 2.
77. Id. at 2-3. Dr. Kassorla advised Ms. Lewinsky against the relationship, stating that she was an employee having an office romance with a superior and that the relationship would cost Ms. Lewinsky her job. Id. at 2.
78. Tripp 7/2/98 GJ at 104.
79. Id. at 97-105.
80. Finerman 3/18/98 Depo. at 29-33.
81. She testified that the encounter concluded with the President masturbating into a bathroom sink. Id. at 30-31. Ms. Finerman indicated that "it was something I didn't want to talk about," and Ms. Lewinsky "sort of clammed up" thereafter. Id. at 35. See also Lewinsky 8/26/98 Depo. at 18.
82. Finerman 3/18/98 Depo. at 33-35.
83. Young 6/23/98 GJ at 37-38.
84. Estep 8/23/98 Int. at 1. Ms. Estep is a licensed certified social worker; Ms. Lewinsky gave this Office permission to interview her.
85. Id. at 1, 4.
86. Id. at 3. Ms. Estep also thought that Ms. Lewinsky had her "feet in reality." Id.
87. Id. at 2.
89. The President and Ms. Lewinsky had ten sexual encounters that included direct contact with the genitalia of at least one party, and two other encounters that included kissing. On nine of the ten occasions, Ms. Lewinsky performed oral sex on the President. On nine occasions, the President touched and kissed Ms. Lewinsky's bare breasts. On four occasions, the President also touched her genitalia. On one occasion, the President inserted a cigar into her vagina to stimulate her. The President and Ms. Lewinsky also had phone sex on at least fifteen occasions.
90. This denial encompassed touching of Ms. Lewinsky's breasts or genitalia.
91. He provided his responses during his August 17, 1998 grand jury appearance; those responses are separately analyzed in Ground II.
92. Chief Judge Norma Holloway Johnson, United States District Court for the District of Columbia, and Judge Susan Webber Wright, United States District Court for the Eastern District of Arkansas, each has one copy of the videotape, and the Congress may see fit to seek the videotape from either court. The videotape is valuable in facilitating a proper assessment of the facts and evidence presented in this Referral.
93. Clinton 1/17/98 Depo., Exh. 1.
94. Clinton 8/17/98 GJ at 151.
95. Clinton 8/17/98 GJ at 151 (emphasis added).
96. The definition used at the President's deposition also covers acts in which the deponent "cause[d] contact" with the genitalia or anus of "any person." When he testified to the grand jury, the President said that this aspect of the definition still does not cover his receiving oral sex. The President said that the word "cause" implies "forcing to me" and "forcible abusive behavior." Clinton 8/17/98 GJ at 17. And thus the President said that he did not lie under oath in denying that he "caused" contact with the genitalia of any person because his activity with Ms. Lewinsky did not include any nonconsensual behavior. Id. at 18.
97. She testified that she had orgasms on three of the four occasions. We note that fact because (i) the definition referred to direct contact with the genitalia with the "intent to arouse or gratify" and (ii) the President has denied such contact. Ms. Lewinsky also testified that on one occasion, the President put his hand over her mouth during a sexual encounter to keep her quiet. Lewinsky 7/31/98 Int. at 3.
98. MSL-55-DC-0094; MSL-55-DC-0124.
99. Lewinsky 8/20/98 GJ at 54.