100. Lewinsky 8/6/98 GJ at 54-55; Lewinsky 7/30/98 Int. at 10.
101. Lewinsky 8/6/98 GJ at 54-55.
102. Lewinsky 8/6/98 GJ at 18, 53-54.
103. Lewinsky 8/6/98 GJ at 18-19; Lewinsky 2/1/98 Statement at 1.
104. Lewinsky 8/20/98 GJ at 105; Lewinsky 2/1/98 Statement at 1.
105. Lewinsky 8/20/98 GJ at 22.
106. Lewinsky 2/1/98 Statement at 4; Lewinsky 8/6/98 GJ at 123, 233.
107. Clinton 1/17/98 Depo. at 50-51, 68.
108. Clinton 8/17/98 GJ at 118-19.
109. Clinton 8/17/98 GJ at 119. The President did not
elaborate on his understanding of the words "ask[]" or "lie" in
that statement. In other exchanges, he indicated that he
construes some words narrowly. Id. at 59 (accuracy of particular
statement "depends on what the meaning of the word 'is' is"); id.
at 107 ("I have not had sex with her as I defined it"); id. at
134 ("it depends on how you define alone"); id. ("there were a
lot of times when we were alone, but I never really thought we
were").
110. Lewinsky 8/6/98 GJ at 47. Along with weekend visits,
Ms. Lewinsky sometimes saw the President on holidays: New Year's
Eve, President's Day, Easter Sunday, July 4. In November 1997,
she grew irritated that the President did not arrange to see her
on Veterans Day. Lewinsky 9/3/98 Int. at 2.
111. Lewinsky 8/6/98 GJ at 18. See also Lewinsky 8/20/98 GJ
at 7, 22.
112. Lewinsky 8/6/98 GJ at 84-85; Lewinsky 8/20/98 GJ at 7.
Ms. Lewinsky told friends about White House people she tried to
avoid. Tripp 6/30/98 GJ at 159-60, 164; Tripp 7/14/98 GJ at 75;
T1 at 32; 1037-DC-00000318 (email from Ms. Lewinsky).
113. Lewinsky 8/6/98 GJ at 34-35; Lewinsky 8/20/98 GJ at 16-17; Lewinsky 7/31/98 Int. at 4. The study is one of the most
private rooms in the White House. Fox 2/17/98 GJ at 76. See
also Chinery 7/23/98 GJ at 52; Currie 5/6/98 GJ at 67; Ferguson
7/17/87 GJ at 32, 38; Maes 4/8/98 GJ at 89-90; Podesta 6/23/98 GJ
at 72.
114. Lewinsky 7/31/98 Int. at 4.
115. Lewinsky 8/4/98 Int. at 4.
116. Lewinsky 8/6/98 GJ at 36. See also Lewinsky 7/31/98
Int. at 4.
117. Lewinsky 8/6/98 GJ at 36-37; Lewinsky 7/27/98 Int. at 2.
According to a Secret Service officer who entered the Oval Office
when the President and Ms. Lewinsky were in or near the study,
the door leading from the Oval Office to the hallway was slightly
ajar. Muskett 7/21/98 GJ at 36-37, 39. In his Jones deposition,
the President was asked if there are doors at both ends of the
hallway. He responded: "[There] are, and they're always open."
Clinton 1/17/98 Depo. at 59. In early 1998, in the course of
denying any sexual relationship with Ms. Lewinsky, the President
repeatedly told Deputy Chief of Staff John Podesta that "the door
was open." Podesta 6/16/98 GJ at 88-89.
118. Lewinsky 8/6/98 GJ at 56. See also Lewinsky 7/31/98
Int. at 3.
119. Lewinsky 7/31/98 Int. at 3.
120. Lewinsky 8/26/98 Depo. at 44-45; Lewinsky 7/30/98 Int.
at 9; Lewinsky 7/31/98 Int. at 4. Ms. Lewinsky also testified
about various steps she took on her own to ensure that the
relationship remained secret, such as using different doors to
enter and depart the Oval Office area, avoiding the President at
a White House party, and referring to the President as "her" in
pages to Betty Currie. Lewinsky 8/6/98 GJ at 44-45, 57, 218;
Lewinsky 8/20/98 GJ at 5-6, 18; Lewinsky 7/29/98 Int. at 2-3.
121. Clinton 8/17/98 GJ at 38. See also id. at 53 (to
President's knowledge, Ms. Currie did not see intimate activity
between President and Ms. Lewinsky); id. at 54 ("I'd have to be
an exhibitionist not to have tried to exclude everyone else.").
122. Lewinsky 8/6/98 GJ at 56.
123. Lewinsky 8/6/98 GJ at 189, 198. See also Lewinsky
8/2/98 Int. at 3. The President was under a legal obligation to
turn this note over to the Jones attorneys but failed to do so.
124. Lewinsky 8/24/98 Int. at 8.
125. Clinton 8/17/98 GJ at 50. See also id. at 130-131.
126. One of these tapes, T30, is a face-to-face conversation
between Ms. Tripp and Ms. Lewinsky, recorded under FBI auspices.
The other, T22, is a telephone conversation between Ms. Tripp and
Ms. Lewinsky, recorded by Ms. Tripp.
From these and other transcripts of recorded conversations,
the OIC has redacted various brief, irrelevant, and gratuitous
passages, mostly references to Ms. Lewinsky's family members.
Most of these redactions are only a word or two long; others are
somewhat longer. The tapes themselves have not been edited by
the OIC, and the OIC will provide unredacted transcripts if the
House of Representatives so requests.
Ms. Tripp produced to the OIC 27 tapes (four of which proved
inaudible or blank) of her telephone conversations with Ms.
Lewinsky. Ms. Tripp testified that she turned over the original
recordings. She testified that she knew nothing about any
duplications of the recordings, though others had access to or
control over the tapes at times before they were turned over.
According to a preliminary FBI examination, several of the 23
tapes containing audible conversations exhibit signs of
duplication, and one tape exhibiting signs of duplication was
produced by a recorder that was stopped and restarted during the
recording process. These preliminary results raise questions
about the reliability and authenticity of at least one recording,
which in turn raise questions about the accuracy of Ms. Tripp's
testimony regarding her handling of the tapes. The OIC is
continuing to investigate this matter. This Referral does not
quote or rely on any tapes that exhibit signs of duplication.
For a fuller discussion, see Appendix, Tab I.
127. T30 at 41.
128. T30 at 41.
129. T30 at 41-42.
130. T22 at 12.
131. T22 at 12.
132. 828-DC-00000012 (resume); Lewinsky 7/27/98 Int. at 1;
Walter Kaye 5/21/98 GJ at 34, 51-52; Marcia Lewis 4/3/98 Depo. at
90; Abramson 2/20/98 Int. at 1; Footlik 3/19/98 Int. at 1; 827-DC-00000003 (White House entry records for Ms. Lewinsky).
President Clinton testified that Mr. Kaye is "a good friend of
mine and a good friend of our administration." Clinton 1/17/98
Depo. at 61. Ms. Lewinsky turned 22 on July 23. 812-DC-00000002
(passport showing birthdate).
133. Lewinsky 8/6/98 GJ at 8; Lewinsky 8/20/98 GJ at 8;
Bobowick 2/12/98 Int. at 1; Currie 1/27/98 GJ at 23-24; Panetta
1/28/98 GJ at 121-23; Palmieri 2/24/98 GJ at 12; V006-DC-00000020
(White House employee data form).
134. Lewinsky 8/3/98 Int. at 2.
135. Lewinsky 8/3/98 Int. at 2; 828-DC-00000012 (resume);
V006-DC-00000225 (employment approval for the Legislative Affairs
Office); V006-DC-00000198 (1995 White House intern directory);
V006-DC-00002287 (record of Ms. Lewinsky's transfer).
136. Lewinsky 8/26/98 Depo. at 60.
137. Lewinsky 8/6/98 GJ at 10.
138. Lewinsky 8/6/98 GJ at 9; Lewinsky 7/27/98 Int. at 2;
Lewinsky 8/3/98 Int. at 1; V006-DC-00001826 (photo showing
President and Ms. Lewinsky).
139. Lewinsky 8/26/98 Depo. at 16-17 & Ex. ML-7.
140. Finerman 3/18/98 Depo. at 10-11; Ungvari 3/19/98 GJ at
15-17.
141. Facts on File 852, 868 (1995).
142. Washington Post, 11/20/95 at A19; Los Angeles Times,
11/14/95 at A15; USA Today, 11/17/95 at 4A.
143. Lewinsky 8/6/98 GJ at 10-11; Byrne 6/25/98 Depo. at 18;
Byrne 7/30/98 GJ at 36; Palmieri 2/24/98 GJ at 16-19; Panetta
1/28/98 GJ at 122.
144. Goodin 2/17/98 GJ at 48-50; Griffin 5/11/98 Int. at 1;
Lewinsky 8/6/98 GJ at 10-11; Palmieri 2/24/98 GJ at 20-22; Raines
1/29/98 GJ at 35-36; V006-DC-00003737 - 3744 (White House photos
showing President and Ms. Lewinsky during furlough).
145. Lewinsky 8/6/98 GJ at 11.
146. Lewinsky 8/3/98 Int. at 2; Barry Toiv 3/11/98 Int. at 1
(job title).
147. Lewinsky 8/6/98 GJ at 10; Lewinsky 7/27/98 Int. at 1-2.
She told others that her physical relationship with the President
began during the November 1995 shutdown. Raines 1/29/98 GJ at
38; Tripp 7/2/98 GJ at 38-39. To one friend, Ms. Lewinsky
specified that the relationship began on November 15, 1995.
Tripp 6/30/98 GJ at 138; Tripp 7/2/98 GJ at 38-39, 80-82.
148. 827-DC-00000008. According to records, it was one of
only two times during Ms. Lewinsky's tenure at the White House
that she exited after midnight. 827-DC-00000003 - 16. (The
other post-midnight exit was not during the furlough; it was the
night of December 6-7, 1995.) As the omission of Ms. Lewinsky's
November 15 afternoon exit time illustrates, White House Epass
and WAVES records do not reflect all entries and exits of staff
and visitors. Secret Service Representatives Barry Smith et al.
3/16/98 Int. at 3-5. See also Appendix, Tab I.
149. 1222-DC-00000156, 1222-DC-00000083 - 85 (movement logs).
Times are approximate, as different logs of the President's
movements sometimes vary by a few minutes. With occasional
exceptions, these logs do not distinguish the President's private
study from the Oval Office.
150. Lewinsky 7/27/98 Int. at 2; Lewinsky 8/24/98 Int. at 5.
151. Lewinsky 7/30/98 Int. at 5; Lewinsky 8/11/98 Int. at 7;
Erbland 2/12/98 GJ at 24-25.
152. Lewinsky 8/6/98 GJ at 11; Lewinsky 7/27/98 Int. at 2;
Lewinsky 7/30/98 Int. at 5.
153. Lewinsky 8/6/98 GJ at 11; Lewinsky 7/27/98 Int. at 2;
Lewinsky 7/30/98 Int. at 5.
154. Lewinsky 8/6/98 GJ at 11; Lewinsky 8/26/98 Depo. at 7.
Ms. Lewinsky later told confidants that the relationship began
with kissing. Catherine Davis 3/17/98 GJ at 19; Finerman 3/18/98
Depo. at 31-35; Tripp 7/7/98 GJ at 151-52.
155. Lewinsky 7/30/98 Int. at 5.
156. Lewinsky 8/26/98 Depo. at 7.
157. Lewinsky 8/6/98 GJ at 12; Lewinsky 7/30/98 Int. at 5.
158. Lewinsky 8/26/98 Depo. at 7.
159. Lewinsky 8/26/98 Depo. at 7; Lewinsky 8/6/98 GJ at 12,
13.
160. Lewinsky 8/26/98 Depo. at 8; Lewinsky 7/30/98 Int. at 5.
161. Lewinsky 8/26/98 Depo. at 7-8.
162. Lewinsky 8/26/98 Depo. at 8. See also id. at 21.
Earlier in the evening, Ms. Lewinsky had removed her underwear.
Lewinsky Int. 9/3/98 at 1.
163. Lewinsky 8/6/98 GJ at 12-14; Lewinsky 8/26/98 Depo. at
9-10; Lewinsky 7/30/98 Int. at 6.
164. Lewinsky 8/26/98 Depo. at 10.
165. Lewinsky 8/26/98 Depo. at 11.
166. Lewinsky 9/3/98 Int. at 3; Lewinsky 8/24/98 Int. at 5;
Lewinsky 7/30/98 Int. at 6.
167. Lewinsky 8/6/98 GJ at 11-12; Lewinsky 8/26/98 Depo. at
7.
168. 1362-DC-00000549 (movement logs).
169. Lewinsky 7/30/98 Int. at 6.
170. 1472-DC-00000006 - 08. Starting 11 minutes later, the
President talked with other Members of Congress. Id.
171. 827-DC-00000008 (Epass records).
172. 1222-DC-00000085 (movement logs).
173. Lewinsky 8/6/98 GJ at 14. See also Lewinsky 7/30/98
Int. at 6-7.
174. Lewinsky 8/6/98 GJ at 14-15; Lewinsky 7/30/98 Int. at 7.
175. Lewinsky 8/6/98 GJ at 15-16.
176. In Ms. Currie's recollection, Ms. Lewinsky and the
President were alone together for about 30 seconds. Currie
1/27/98 GJ at 33-34; Currie 5/14/98 GJ at 36-38. Ms. Hernreich
testified that when delivering food during the government
shutdown, Ms. Lewinsky was alone with the President for two to
four minutes. Hernreich 2/26/98 GJ at 36-37. See also Hernreich
2/25/98 GJ at 12-17. Other witnesses also remembered Ms.
Lewinsky's pizza delivery during the furlough. Keating 2/25/98
GJ at 31-32; Palmieri 2/24/98 GJ at 20, 53, 62. The President
and Ms. Lewinsky (as well as others) appear in eight White House
photographs taken on November 17; in three of them, the President
is eating pizza. V006-DC-00003737 - 3744.
177. Lewinsky 8/6/98 GJ at 16; Lewinsky 8/26/98 GJ at 11-15;
Lewinsky 7/30/98 Int. at 7.
178. Lewinsky 8/26/98 Depo. at 12-13; Lewinsky 7/30/98 Int.
at 7.
179. Lewinsky 8/26/98 Depo. at 12; Lewinsky 7/30/98 Int. at
7.
180. Lewinsky 7/30/98 Int. at 7.
181. Lewinsky 8/26/98 Depo. at 13-14.
182. Lewinsky 8/26/98 Depo. at 13-14; Lewinsky 7/30/98 Int.
at 7. One friend understood that Ms. Lewinsky and the President
kissed when she brought pizza, and that Ms. Lewinsky performed
oral sex on him in a later encounter. Ungvari 3/19/98 GJ at 18-19, 20, 23. One of Ms. Lewinsky's counselors understood that the
relationship with the President began at a pizza party. Estep
8/23/98 Int. at 2.
183. Lewinsky 7/30/98 Int. at 7. See also Lewinsky 8/26/98
Depo. at 15.
184. 1472-DC-00000015 (phone logs). Ms. Lewinsky said that
this probably was the name she heard on that date. Lewinsky
8/11/98 Int. at 5. She testified that she could not recall
whether the President was on the telephone the whole time that
she performed oral sex. Lewinsky 8/26/98 Depo. at 14.
185. Clinton 1/17/98 Depo. at 58.
186. Clinton 8/17/98 GJ at 31-32.
187. 827-DC-00000011 (Epass records).
188. 1222-DC-00000179 (movement logs). The President had one
telephone call during this period, from 12:53 to 12:58 p.m.
1506-DC-00000029 (phone logs).
189. Lewinsky 8/26/98 Depo. at 15-16; Lewinsky 7/27/98 Int.
at 3-4; Lewinsky 7/30/98 Int. at 8.
190. Lewinsky 8/26/98 Depo. at 16.
191. Lewinsky 8/26/98 Depo. at 16; Lewinsky 7/27/98 Int. at
3-4; Lewinsky 7/30/98 Int. at 8.
192. Lewinsky 8/26/98 Depo. at 16.
193. Lewinsky 8/26/98 Depo. at 16-17. See also Lewinsky
7/30/98 Int. at 8.
194. Lewinsky 7/27/98 Int. at 3-4; Lewinsky 7/30/98 Int. at
8.
195. Lewinsky 8/26/98 Depo. at 17. See also Finerman 3/18/98
Depo. at 30-32, 35.
196. Lewinsky 7/30/98 Int. at 3.
197. 1222-DC-00000325 (Secret Service duty logs).
198. Clinton 8/17/98 GJ at 31-32.
199. Clinton 8/17/98 GJ at 9-10.