A. December 19: Ms. Lewinsky Is Subpoenaed
On Friday, December 19, 1997, sometime between 3:00 p.m. and
4:00 p.m., Ms. Lewinsky was served with a subpoena at her
Pentagon office.(810) The subpoena commanded her to appear for a
deposition in Washington, D.C., at 9:30 a.m. on January 23,
1998.(811) The subpoena also required the production of certain
documents and gifts. Among the items that Ms. Lewinsky was
required to produce were "each and every gift including, but not
limited to, any and all dresses, accessories, and jewelry, and/or
hat pins given to you by, or on behalf of, Defendant Clinton," as
well as "[e]very document constituting or containing
communications between you and Defendant Clinton, including
letters, cards, notes, memoranda, and all telephone records."(812)
Ms. Lewinsky testified that, after being served with the
subpoena, she "burst into tears," and then telephoned Mr. Jordan
from a pay phone at the Pentagon.(813) Mr. Jordan confirmed Ms.
Lewinsky's account; he said he tried to reassure Ms. Lewinsky:
"[C]ome and talk to me and I will see what I can do about finding
you counsel."(814)
According to records maintained by Mr. Jordan's law firm,
Ms. Lewinsky arrived at his office at 4:47 p.m.(815) White House
phone records show that, at 4:57 p.m., the President telephoned
Mr. Jordan; the two men spoke from 5:01 p.m. to 5:05 p.m.(816) At
5:06 p.m., Mr. Jordan placed a two-minute call to a Washington,
D.C., attorney named Francis Carter.(817)
Ms. Lewinsky and Mr. Jordan gave somewhat different accounts
of their meeting that day. According to Ms. Lewinsky, shortly
after her arrival, Mr. Jordan received a phone call, and she
stepped out of his office. A few minutes later, Ms. Lewinsky was
invited back in, and Mr. Jordan called Mr. Carter.(819)
Mr. Jordan testified that he spoke to the President before
Ms. Lewinsky ever entered his office.(820) He told the President:
"Monica Lewinsky called me up. She's upset. She's gotten a
subpoena. She is coming to see me about this subpoena. I'm
confident that she needs a lawyer, and I will try to get her a
lawyer."(821) Mr. Jordan told the President that the lawyer he had
in mind was Francis Carter.(822) According to Mr. Jordan, the
President asked him: "You think he's a good lawyer?" Mr. Jordan
responded that he was.(823) Mr. Jordan testified that informing the
President of Ms. Lewinsky's subpoena "was the purpose of [his]
call."(824)
According to Mr. Jordan, when Ms. Lewinsky entered his
office, "[H]er emotional state was obviously one of dishevelment
and she was quite upset. She was crying. She was -- she was
highly emotional, to say the least."(825) She showed him the
subpoena as soon as she entered.(826)
Ms. Lewinsky also testified that she discussed the subpoena
with Mr. Jordan.(827) She told him that she found the specific
reference to a hat pin alarming -- how could the Jones's
attorneys have known about it?(828) Mr. Jordan told her it was "a
standard subpoena."(829) When he indicated to Ms. Lewinsky that he
would be seeing the President that night, Ms. Lewinsky told him
"to please make sure that he told the President" about her
subpoena.(830)
At some point, according to Mr. Jordan, Ms. Lewinsky asked
him about the future of the Clintons' marriage.(831) Because Ms.
Lewinsky seemed "mesmerized" by President Clinton,(832) he "asked
her directly had there been any sexual relationship between [her]
and the President."(833) Mr. Jordan explained, "You didn't have to
be Einstein to know that that was a question that had to be asked
by me at that particular time, because heretofore this discussion
was about a job. The subpoena changed the circumstances."(834) Ms.
Lewinsky said she had not had a sexual relationship with the
President.(835)
Ms. Lewinsky testified, however, that at this time she
assumed that Mr. Jordan knew "with a wink and a nod that [she]
was having a relationship with the President."(836) She therefore
interpreted Mr. Jordan's questions as "What are you going to
say?" rather than "What are the [actual] answers . . .?"(837) When
the meeting ended, she "asked [Mr. Jordan] if he would give the
President a hug."(838)
That evening, Mr. Jordan visited the President at the White
House. According to Mr. Jordan, the two met alone in the
Residence and talked for about ten minutes.(839) He testified:
I told him that Monica Lewinsky had been subpoenaed,
came to me with a subpoena. I told him that I was
concerned by her fascination, her being taken with him.
I told him how emotional she was about having gotten
the subpoena. I told him what she said to me about
whether or not he was going to leave the First Lady at
the end of the term.(840)
Mr. Jordan asked the President "[t]he one question that I wanted
answered."(841) That question was, "Mr. President, have you had
sexual relations with Monica Lewinsky?" The President told Mr.
Jordan, "No, never."(842)
Mr. Jordan told the President: "I'm trying to help her get a
job and I'm going to continue to do that. I'm going to get her
counsel and I'm going to try to be helpful to her as much as I
possibly can, both with the lawyer, and I've already done what I
could about the job, and I think you ought to know that."(843) Mr.
Jordan testified: "He thanked me for telling him. Thanked me
for my efforts to get her a job and thanked me for getting her a
lawyer."(844)
In his grand jury testimony, the President recalled that he
met with Mr. Jordan on December 19; however, he testified that
his memory of that meeting was somewhat vague:
I do not remember exactly what the nature of
the conversation was. I do remember that I
told him that there was no sexual
relationship between me and Monica Lewinsky,
which was true. And that -- then all I
remember for the rest is that he said he had
referred her to a lawyer, and I believe it
was Mr. Carter.(845)
Asked whether he recalled that Mr. Jordan told him that Ms.
Lewinsky appeared fixated on him and hoped that he would leave
Mrs. Clinton, the President testified: "I recall him saying he
thought that she was upset with -- somewhat fixated on me, that
she acknowledged that she was not having a sexual relationship
with me, and that she did not want to be [brought] into that
Jones lawsuit."(846)
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