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Investigating The President

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.

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).

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