1. Lewinsky 8/6/98 GJ at 31-32, 39-40; DB Photos 0004 (photo of dress).
2. FBI Lab Report, 8/3/98.
3. OIC letter to David Kendall, 7/31/98 (1st letter of day).
4. Kendall letter to OIC, 7/31/98; OIC letter to Kendall, 7/31/98 (2d letter of day); Kendall letter to OIC, 8/3/98; OIC letter to Kendall, 8/3/98.
5. FBI Observation Report (White House), 8/3/98.
6. FBI Lab Reports, 8/6/98 & 8/17/98. The FBI Laboratory performed polymerase chain reaction analysis (PCR) and restriction fragment length polymorphisim analysis (RFLP). RFLP, which requires a larger sample, is the more precise method. United States v. Hicks, 103 F.3d 837, 844-847 (9th Cir. 1996).
7. FBI Lab Report, 8/17/98, at 2.
8. Lewinsky 7/27/98 Int. During earlier negotiations with this Office, Ms. Lewinsky provided a 10-page handwritten proffer statement summarizing her dealings with the President and other matters under investigation. Lewinsky 2/1/98 Statement. Ms. Lewinsky later confirmed the accuracy of the statement in grand jury testimony. Lewinsky 8/20/98 GJ at 62-63. The negotiations in January and February 1998 (which produced the written proffer) did not result in a cooperation agreement because Ms. Lewinsky declined to submit to a face-to-face proffer interview, which the OIC deemed essential because of her perjurious Jones affidavit, her efforts to persuade Linda Tripp to commit perjury, her assertion in a recorded conversation that she had been brought up to regard lying as necessary, and her forgery of a letter while in college. In July 1998, Ms. Lewinsky agreed to submit to a face-to-face interview, and the parties were able to reach an agreement.
9. Ex. ML-7 to Lewinsky 8/6/98 GJ.
10. Lewinsky 8/26/98 Depo. at 5-6; Lewinsky 8/6/98 GJ at 27-28.
11. Lewinsky 8/26/98 Depo. at 69.
12. Lewinsky 8/6/98 GJ at 59-60, 87; Lewinsky 8/20/98 GJ at
82; Lewinsky 8/24/98 Int. at 8.
13. Ms. Tripp testified that she took notes on two
occasions. Tripp 6/30/98 GJ at 141-42; Tripp 7/7/98 GJ at 153-54; Tripp 7/16/98 GJ at 112-13.
14. Kassorla 8/28/98 Int. at 2-3. Ms. Lewinsky (who
voluntarily waived therapist-patient privilege) consulted Dr.
Kassorla in person from 1992 to 1993 and by telephone thereafter.
Id. at 1. Anticipating that the White House might fire Ms.
Lewinsky in order to protect the President, Dr. Kassorla
cautioned her patient that workplace romances are generally ill-advised. Id. at 2.
15. Kassorla 8/28/98 Int. at 2, 4. Ms. Lewinsky also
consulted another counselor, Kathleen Estep, three times in
November 1996. While diagnosing Ms. Lewinsky as suffering from
depression and low self-esteem, Ms. Estep considered her self-aware, credible, insightful, introspective, relatively stable,
and not delusional. Estep 8/23/98 Int. at 1-4.
16. Catherine Davis 3/17/98 GJ at 21-22.
17. Young 6/23/98 GJ at 40. See also Catherine Davis
3/17/98 GJ at 73; Erbland 2/12/98 GJ at 25 ("I never had any
reason to think she would lie to me. I never knew of her to lie
to me before and we talked about our boyfriends and, you know,
sexual relationships throughout our friendship and I never knew
her as a liar."); Finerman 3/18/98 Depo. at 113-16
(characterizing Ms. Lewinsky as trustworthy and honest); Raines
1/29/98 GJ at 87 ("I have no reason to believe that [Ms.
Lewinsky's statements] were lies or made up."); Tripp 7/29/98 GJ
at 187 ("There were so many reasons why I believed her. She just
had way too much detail. She had detail that none of us could
really conceivably have if you had not been exposed in a
situation that she claimed to be."); Ungvari 3/19/98 GJ at 19
("[s]he's never lied to me before"); id. at 21, 61-62; Young
6/23/98 GJ at 38-40.
18. Ms. Lewinsky testified that she has "always been a date-oriented person." Lewinsky 8/6/98 GJ at 28. See also Tripp
6/30/98 GJ at 141-42 (Ms. Lewinsky "had a photographic memory for
the entire relationship").
19. Clinton 1/17/98 Depo. at 78, 204. The transcript of
this deposition testimony appears in Document Supp. A. For
reasons of privacy, the OIC has redacted the names of three women
from the transcript. The OIC will provide an unredacted
transcript if the House of Representatives so requests.
20. Clinton 1/17/98 Depo. at 57.
21. Clinton 1/17/98 Depo. at 54.
22. Clinton 1/17/98 Depo. at 204. Beyond his denial of a
sexual relationship with Ms. Lewinsky, the President testified
that he could not recall many details of their encounters. He
said he could not specifically remember whether he had ever been
alone with Ms. Lewinsky, or any of their in-person conversations,
or any notes or messages she had sent him, or an audiocassette
she had sent him, or any specific gifts he had given her. Alone
together: Clinton 1/17/98 Depo. at 52-53, 56-59. Conversations:
Id. at 59. Cards and letters: Id. at 62. Audiocassette: Id.
at 63-64. Gifts from the President to Ms. Lewinsky: Id. at 75.
When asked about their last conversation, the President referred
to a December encounter when, he said, Ms. Lewinsky had been
visiting his secretary and he had "stuck [his] head out" to say
hello. Id. at 68. He did not mention a private meeting with Ms.
Lewinsky on December 28, 1997, or a telephone conversation with
her on January 5, 1998. Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7;
Clinton 8/17/98 GJ at 34-36, 126-28.
23. Clinton 8/17/98 GJ at 10, 79, 81.
24. Clinton 8/17/98 GJ at 10.
25. Clinton 8/17/98 GJ at 31, 10. See also id. at 38-39.
26. Clinton 8/17/98 GJ at 10, 92-93.
27. Clinton 8/17/98 GJ at 22.
28. Clinton 8/17/98 GJ at 10, 12, 93-96.
29. 849-DC-00000586. The definition mirrors a federal
criminal statute, 18 U.S.C. § 2246(3). The ellipsis in the
quotation omits two paragraphs of the definition that Judge
Wright ruled inapplicable. Clinton 1/17/98 Depo. at 21-22. The
President testified that he considered the definition "rather
strange," and at one point he spoke of "people being drawn into a
lawsuit and being given definitions, and then a great effort to
trick them in some way." Clinton 8/17/98 GJ at 19, 22. He
acknowledged, however, that the definition "was the one the Judge
decided on and I was bound by it." Clinton 8/17/98 GJ at 19.
30. Clinton 8/17/98 GJ at 15, 93, 100, 102.
31. Clinton 8/17/98 GJ at 151.
32. Clinton 8/17/98 GJ at 168.
33. Clinton 8/17/98 GJ at 102-105, 167-68.
34. Clinton 8/17/98 GJ at 95-96, 100, 110, 139. The
President did not always specify that the contact had to be
direct. Id. at 15 ("[m]y understanding of the definition is it
covers contact by the person being deposed with the enumerated
areas, if the contact is done with an intent to arouse or
gratify"); id. at 16 (definition covers "[a]ny contact with the
areas there mentioned").
35. Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7. These numbers
include occasions when one or both of them had direct contact
with the other's genitals, but not occasions when they merely
kissed. On the timing of some of their sexual encounters, Ms.
Lewinsky's testimony is at odds with the President's. According
to Ms. Lewinsky, she and the President had three sexual
encounters in 1995 (the President said he recalled none) and two
sexual encounters in 1997 (not one, as the President testified).
Lewinsky 8/6/98 GJ at 27-28 & Ex. ML-7; Lewinsky 8/26/98 Depo. at
6; Clinton 8/17/98 GJ at 9-10. The President's account omits the
two 1995 encounters when Ms. Lewinsky was an intern (as well as
one 1995 encounter when she worked on the White House staff), and
it treats the 1997 encounter that produced the semen-stained
dress as a single aberration.
36. Lewinsky 8/6/98 GJ at 34-36; Lewinsky 8/20/98 GJ at 17;
Lewinsky 7/27/98 Int. at 2; Lewinsky 7/31/98 Int. at 4; Catherine
Davis 3/17/98 GJ at 16; Erbland 2/12/98 GJ at 27-28, 43-44;
Finerman 3/18/98 Depo. at 32; Kassorla 8/28/98 Int. at 2; Raines
1/29/98 GJ at 32-33; Tripp 7/2/98 GJ at 54, 101; Tripp 7/7/98 GJ
at 171; Ungvari 3/19/98 GJ at 19, 25.
37. Lewinsky 8/6/98 GJ at 35; Lewinsky 7/27/98 Int. at 2.
38. Lewinsky 8/6/98 GJ at 12, 21; Lewinsky 2/1/98 Statement
at 1. See also Andrew Bleiler 1/28/98 Int. at 3; Catherine Davis
3/17/98 GJ at 21; Kassorla 8/28/98 Int. at 2; Tripp 7/2/98 GJ at
100, 104-107; Ungvari 3/19/98 GJ at 23.
39. Lewinsky 8/6/98 GJ at 19; Catherine Davis 3/17/98 GJ at
20; Erbland 2/12/98 GJ at 29, 44; Ungvari 3/19/98 GJ at 20; Young
6/23/98 GJ at 37-38; but see Raines 1/29/98 GJ at 43 (testifying
that she was "pretty sure" that Ms. Lewinsky spoke of reciprocal
oral sex); Tripp GJ 7/2/98 at 101 (testifying that she understood
that, on rare occasions, the President reciprocated).
40. Lewinsky 8/6/98 GJ at 38-39. See also Lewinsky 8/20/98
GJ at 24.
41. Lewinsky 8/6/98 GJ at 19-20, 38-39; Ungvari 3/19/98 GJ
at 23-24.
42. Lewinsky 7/30/98 Int. at 5-13, 15-16; Lewinsky 8/6/98 GJ
at 19-21; Lewinsky 8/20/98 GJ at 31-32, 40, 67-69; Lewinsky
8/26/98 Depo. at 20, 30-31, 50; Andrew Bleiler 1/28/98 Int. at 3;
Catherine Davis 3/17/98 GJ at 20-21, 169; Erbland 2/12/98 GJ at
29, 43-45; Estep 8/23/98 Int. at 2; Kassorla 8/28/98 Int. at 2;
Ungvari 3/19/98 GJ at 23-24.
43. Clinton 8/17/98 GJ at 10; Lewinsky 8/26/98 Depo. at 5.
In Ms. Lewinsky's recollection, the friendship started to develop
following their sixth sexual encounter, when the President sat
down and talked with her for about 45 minutes after she had
complained that he was making no effort to get to know her.
Lewinsky 8/26/98 Depo. at 23, 33-34.
44. Lewinsky 8/20/98 GJ at 59. See also id. at 52; Lewinsky
8/6/98 GJ at 168. After the President's August 1998 speech
acknowledging improper conduct with Ms. Lewinsky, she testified
that she was no longer certain of her feelings because, in her
view, he had depicted their relationship as "a service contract,
that all I did was perform oral sex on him and that that's all
that this relationship was. And it was a lot more than that to
me . . . ." Lewinsky 8/20/98 GJ at 54. See also id. at 53-56,
102-104.
45. MSL-55-DC-0178 (document retrieved from Ms. Lewinsky's
home computer); Catherine Davis 3/17/98 GJ at 147; Erbland
2/12/98 GJ at 92.
46. Lewinsky 8/20/98 GJ at 52; T1 at 101. See also Marcia
Lewis 2/11/98 GJ at 7; Catherine Davis 3/17/98 GJ at 182.
47. Lewinsky 8/6/98 GJ at 18.
48. Lewinsky 7/27/98 Int. at 6; Currie 5/7/98 GJ at 60;
Catherine Davis 3/17/98 GJ at 27; Raines 1/29/98 GJ at 53;
Ungvari 3/19/98 GJ at 45; Young 6/23/98 GJ at 47; (49)
49. --
50. Lewinsky 7/27/98 Int. at 6.
51. Lewinsky 8/26/98 Depo. at 55-57; Lewinsky 7/27/98 Int.
at 6.
52. Marcia Lewis 2/11/98 GJ at 7-8.
53. Erbland 2/12/98 GJ at 84. See also Lewinsky 8/26/98
Depo. at 56-57; Catherine Davis 3/17/98 GJ at 166-67. In late
1997, Ms. Lewinsky asked Vernon Jordan whether he believed that
the Clintons would remain married. Lewinsky 2/1/98 Statement at
8; Jordan 3/3/98 GJ at 150.
54. Lewinsky 8/6/98 GJ at 17. See also Lewinsky 8/26/98
Depo. at 24; Lewinsky 8/24/98 Int. at 6; Tripp 7/7/98 GJ at 172.
55. Raines 1/29/98 GJ at 39. See also Catherine Davis
3/17/98 GJ at 18; Finerman 3/18/98 Depo. 47-49; Raines 1/29/98 GJ
at 47-48; Tripp 7/14/98 GJ at 77, 79-81.
56. Lewinsky 8/6/98 GJ at 52-53.
57. Lewinsky 8/6/98 GJ at 52.
58. Lewinsky 8/6/98 GJ at 21-23; Lewinsky 7/27/98 Int. at 2.
See also Catherine Davis 3/17/98 GJ at 36; Erbland 2/12/98 GJ at
38-39, 43; Finerman 3/18/98 Depo. at 26-29, 110, 116-17; Raines
GJ at 51; Tripp 7/7/98 GJ at 62-63, 65-66; Ungvari 3/19/98 GJ at
81.
59. Lewinsky 8/6/98 GJ at 44; Lewinsky 8/24/98 Int. at 5;
Currie 5/14/98 GJ at 131-32, 136, 141; Currie 7/22/98 GJ at 35,
77.
60. Lewinsky 8/20/98 GJ at 55.
61. Lewinsky 8/6/98 GJ at 23.
62. Lewinsky 8/6/98 GJ at 23-24; Lewinsky 7/27/98 Int. at 2.
See also Catherine Davis 3/17/98 GJ at 36-37; Erbland 2/12/98 GJ
at 38-39; Raines 1/29/98 GJ at 51; Ungvari 3/19/98 GJ at 81. Ms.
Lewinsky gave the President a novel about phone sex, Vox by
Nicholson Baker. Lewinsky 7/27/98 Int. at 13; 1361-DC-00000030
(White House list of books in private study, including Vox).
63. Lewinsky 7/30/98 Int. at 15.
64. Lewinsky 8/6/98 GJ at 23; Lewinsky 8/20/98 GJ at 6. The
messages, on tapes that Ms. Lewinsky turned over to the OIC, are
as follows: "Aw, shucks." "Hey." "Come on. It's me." "Sorry
I missed you." Lewinsky 8/6/98 GJ at 22-23; Lewinsky 7/29/98
Int. at 3, 5; Lewinsky 8/3/98 Int. at 6.
65. Lewinsky 8/6/98 GJ at 22-23; Catherine Davis 3/17/98 GJ
at 28-29; Erbland 2/12/98 GJ at 49; Kassorla 8/28/98 Int. at 4;
Raines 1/29/98 GJ at 89; Tripp 7/2/98 GJ at 89; Tripp 7/9/98 GJ
at 95-97, 104-105; Ungvari 3/19/98 GJ at 31-33.
66. Lewinsky 8/6/98 GJ at 67-69.
67. Lewinsky 8/6/98 GJ at 74-75.
68. Lewinsky 8/6/98 GJ at 114.
69. Clinton 8/17/98 GJ at 10.
70. Clinton 8/17/98 GJ at 47, 51.
71. Clinton 8/17/98 GJ at 47, 124.
72. Lewinsky 8/6/98 GJ at 25-26.
73. Lewinsky 7/27/98 Int. at 12. See also MSL-55-DC-0184 -
186 (eight-line poem recovered from Ms. Lewinsky's home computer
that refers to President as "the Boss with whom we're all
smitten" and wishes him "Happy National Boss Day!").
74. V006-DC-00000167; V006-DC-00000181 (gift record and
donor information); V006-DC-00003646 (correspondence history).
75. V006-DC-00000157 - 158 (gift record and donor
information).
76. Lewinsky 8/11/98 Int. at 2; V006-DC-00000178
(autographed photo).
77. Few of Ms. Lewinsky's subsequent gifts were logged. Of
the roughly 30 gifts (including several antiques) that, in her
account, she gave the President, White House records show only
the matted poem from interns, two or three neckties (records
conflict), and a T-shirt. V006-DC-00000157; V006-DC-00000162;
V006-DC-00000167; V006-DC-00000180; V006-DC-00000181; V006-DC-00003714; V006-DC-00003715.
78. MSL-55-DC-0177.
79. Lewinsky 8/26/98 Depo. at 5-6 & Ex. ML-7. In response
to a January 20, 1998, subpoena seeking "any and all gifts . . .
to or from Monica Lewinsky . . . including
. . . any tie, mug, paperweight, book, or other article," the
President turned over a necktie, two antique books, a mug, and a
silver standing holder for cigars or cigarettes. Subpoena V002;
V002-DC-00000001; V002-DC-00000469. A subpoena dated July 17,
1998, identified specific gifts, including Vox, a novel about
phone sex by Nicholson Baker that, according to Ms. Lewinsky, she
gave the President in March 1997. Lewinsky 8/6/98 GJ at 183-84;
Lewinsky 7/27/98 Int. at 13; Subpoena D1415. The President did
not produce Vox in response to either subpoena, though his
attorney represented that "the President has complied with [the]
grand jury subpoenas." David Kendall Letter to OIC, 8/31/98.
Vox, however, does appear on an October 1997 list of books in the
President's private study, and Ms. Lewinsky saw it in the study
on November 13, 1997. 1361-DC-00000030; Lewinsky 8/6/98 GJ at
183-84.
80. Lewinsky 8/26/98 Depo. at 5-6 & Ex. ML-7.
81. Lewinsky 8/20/98 GJ at 36. See also Lewinsky 8/6/98 GJ
at 236; Catherine Davis 3/17/98 GJ at 153.
82. Lewinsky 8/6/98 GJ at 236; Lewinsky 8/20/98 GJ at 36;
Lewinsky 8/3/98 Int. at 8; Lewinsky 8/11/98 Int. at 2-3. For
example, one day after the President and Ms. Lewinsky talked by
telephone on February 7, 1996, and one day after they talked on
August 4, 1996, he wore a necktie she had given him. Lewinsky
8/5/98 Int. at 1; Lewinsky 8/11/98 Int. at 2-3.
83. Lewinsky 8/6/98 GJ at 236.
84. Clinton 8/17/98 GJ at 47. See also id. at 33-36, 43-46.
85. Lewinsky 8/6/98 GJ at 26.
86. Lewinsky 8/6/98 GJ at 189.
87. Lewinsky 8/6/98 GJ at 26-27.
88. Clinton 8/17/98 GJ at 48-49. In the Jones deposition,
in contrast, the President was asked if he remembered anything
written in Ms. Lewinsky's notes or cards to him. He testified:
"No. Sometimes, you know, just either small talk or happy
birthday or sometimes, you know, a suggestion about how to get
more young people involved in some project I was working on.
Nothing remarkable. I don't remember anything particular about
it." Clinton 1/17/98 Depo. at 62.
89. Lewinsky 2/1/98 Statement at 10. See also Lewinsky
8/20/98 GJ at 62-63; Lewinsky 8/6/98 GJ at 141-42, 178-79. Ms.
Lewinsky once told Betty Currie: "As long as no one saw us --
and no one did -- then nothing happened." Currie 1/27/98 GJ at
63-64.
90. Lewinsky 8/6/98 GJ at 78, 97-101; Lewinsky 7/27/98 Int.
at 3.
91. Lewinsky 8/20/98 GJ at 22. See also Lewinsky 7/27/98
Int. at 9 (President assumed Ms. Lewinsky's Jones affidavit would
be a denial, since their pattern had been to conceal and deny).
92. Lewinsky 8/20/98 GJ at 4; Lewinsky 8/6/98 GJ at 166-67.
See also Lewinsky 7/27/98 Int. at 9-10, 12.
93. Lewinsky 8/6/98 GJ at 234.
94. Clinton 8/17/98 GJ at 38.
95. Clinton 8/17/98 GJ at 38, 119. See also id. at 80, 119,
136, 153.
96. Clinton 8/17/98 GJ at 37.
97. Lewinsky 8/6/98 GJ at 53-54. See also Lewinsky 7/27/98
Int. at 2, 11; Lewinsky 8/19/98 Int. at 4; Lewinsky 2/1/98
Statement at 1.
98. Lewinsky 8/6/98 GJ at 53-54.
99. Lewinsky 8/6/98 GJ at 54.