A. Introduction

This Referral presents substantial and credible informationthat President Clinton criminally obstructed the judicialprocess, first in a sexual harassment lawsuit in which he was thedefendant and then in a grand jury investigation. The openingsection of the Narrative provides an overview of the object ofthe President's cover-up, the sexual relationship between thePresident and Ms. Lewinsky. Subsequent sections recount theevolution of the relationship chronologically, including thesexual contacts, the President's efforts to get Ms. Lewinsky ajob, Ms. Lewinsky's subpoena in Jones v. Clinton, the role ofVernon Jordan, the President's discussions with Ms. Lewinskyabout her affidavit and deposition, the President's depositiontestimony in Jones, the President's attempts to coach a potentialwitness in the harassment case, the President's false andmisleading statements to aides and to the American public afterthe Lewinsky story became public, and, finally, the President'stestimony before a federal grand jury.

B. Evidence Establishing Nature of Relationship

1. Physical Evidence

Physical evidence conclusively establishes that thePresident and Ms. Lewinsky had a sexual relationship. Afterreaching an immunity and cooperation agreement with the Office ofthe Independent Counsel on July 28, 1998, Ms. Lewinsky turnedover a navy blue dress that she said she had worn during a sexualencounter with the President on February 28, 1997. According toMs. Lewinsky, she noticed stains on the garment the next time shetook it from her closet. From their location, she surmised thatthe stains were the President's semen.⁽¹⁾

Initial tests revealed that the stains are in fact semen.⁽²⁾ Based on that result, the OIC asked the President for a bloodsample.⁽³⁾ After requesting and being given assurances that theOIC had an evidentiary basis for making the request, thePresident agreed.⁽⁴⁾ In the White House Map Room on August 3,1998, the White House Physician drew a vial of blood from thePresident in the presence of an FBI agent and an OIC attorney.⁽⁵⁾ By conducting the two standard DNA comparison tests, the FBILaboratory concluded that the President was the source of the DNAobtained from the dress.⁽⁶⁾ According to the more sensitive RFLPtest, the genetic markers on the semen, which match thePresident's DNA, are characteristic of one out of 7.87 trillionCaucasians.⁽⁷⁾

In addition to the dress, Ms. Lewinsky provided what shesaid were answering machine tapes containing brief messages fromthe President, as well as several gifts that the President hadgiven her.

2. Ms. Lewinsky's Statements

Ms. Lewinsky was extensively debriefed about herrelationship with the President. For the initial evaluation ofher credibility, she submitted to a detailed "proffer" interviewon July 27, 1998.⁽⁸⁾ After entering into a cooperation agreement,she was questioned over the course of approximately 15 days. Shealso provided testimony under oath on three occasions: twicebefore the grand jury, and, because of the personal and sensitivenature of particular topics, once in a deposition. In addition,Ms. Lewinsky worked with prosecutors and investigators to createan 11-page chart that chronologically lists her contacts withPresident Clinton, including meetings, phone calls, gifts, andmessages.⁽⁹⁾ Ms. Lewinsky twice verified the accuracy of the chartunder oath.⁽¹⁰⁾

In the evaluation of experienced prosecutors andinvestigators, Ms. Lewinsky has provided truthful information. She has not falsely inculpated the President. Harming him, shehas testified, is "the last thing in the world I want to do."⁽¹¹⁾

Moreover, the OIC's immunity and cooperation agreement withMs. Lewinsky includes safeguards crafted to ensure that she tellsthe truth. Court-ordered immunity and written immunityagreements often provide that the witness can be prosecuted onlyfor false statements made during the period of cooperation, andnot for the underlying offense. The OIC's agreement goesfurther, providing that Ms. Lewinsky will lose her immunityaltogether if the government can prove to a federal districtjudge -- by a preponderance of the evidence, not the higherstandard of beyond a reasonable doubt -- that she lied. Moreover, the agreement provides that, in the course of such aprosecution, the United States could introduce into evidence thestatements made by Ms. Lewinsky during her cooperation. SinceMs. Lewinsky acknowledged in her proffer interview and indebriefings that she violated the law, she has a strong incentiveto tell the truth: If she did not, it would be relativelystraightforward to void the immunity agreement and prosecute her,using her own admissions against her.

3. Ms. Lewinsky's Confidants

Between 1995 and 1998, Ms. Lewinsky confided in 11 peopleabout her relationship with the President. All have beenquestioned by the OIC, most before a federal grand jury: AndrewBleiler, Catherine Allday Davis, Neysa Erbland, Kathleen Estep,Deborah Finerman, Dr. Irene Kassorla, Marcia Lewis, AshleyRaines, Linda Tripp, Natalie Ungvari, and Dale Young.⁽¹²⁾ Ms.Lewinsky told most of these confidants about events in herrelationship with the President as they occurred, sometimes inconsiderable detail.

Some of Ms. Lewinsky's statements about the relationshipwere contemporaneously memorialized. These include deleted emailrecovered from her home computer and her Pentagon computer, emailmessages retained by two of the recipients, tape recordings ofsome of Ms. Lewinsky's conversations with Ms. Tripp, and notestaken by Ms. Tripp during some of their conversations. The Trippnotes, which have been extensively corroborated, referspecifically to places, dates, and times of physical contactsbetween the President and Ms. Lewinsky.⁽¹³⁾

Everyone in whom Ms. Lewinsky confided in detail believedshe was telling the truth about her relationship with thePresident. Ms. Lewinsky told her psychologist, Dr. IreneKassorla, about the affair shortly after it began. Thereafter,she related details of sexual encounters soon after they occurred(sometimes calling from her White House office).⁽¹⁴⁾ Ms. Lewinskyshowed no indications of delusional thinking, according to Dr.Kassorla, and Dr. Kassorla had no doubts whatsoever about thetruth of what Ms. Lewinsky told her.⁽¹⁵⁾ Ms. Lewinsky's friendCatherine Allday Davis testified that she believed Ms. Lewinsky'saccounts of the sexual relationship with the President because "Itrusted in the way she had confided in me on other things in herlife. . . . I just trusted the relationship, so I trustedher."⁽¹⁶⁾ Dale Young, a friend in whom Ms. Lewinsky confidedstarting in mid-1996, testified:

[I]f she was going to lie to me, she would have said to me,"Oh, he calls me all the time. He does wonderful things. He can't wait to see me." . . . [S]he would haveembellished the story. You know, she wouldn't be tellingme, "He told me he'd call me, I waited home all weekend andI didn't do anything and he didn't call and then he didn'tcall for two weeks."⁽¹⁷⁾

4. Documents

In addition to her remarks and email to friends, Ms.Lewinsky wrote a number of documents, including letters and draftletters to the President. Among these documents are (i) papersfound in a consensual search of her apartment; (ii) papers thatMs. Lewinsky turned over pursuant to her cooperation agreement,including a calendar with dates circled when she met or talked bytelephone with the President in 1996 and 1997; and (iii) filesrecovered from Ms. Lewinsky's computers at home and at thePentagon.

5. Consistency and Corroboration

The details of Ms. Lewinsky's many statements have beenchecked, cross-checked, and corroborated. When negotiations withMs. Lewinsky in January and February 1998 did not culminate in anagreement, the OIC proceeded with a comprehensive investigation,which generated a great deal of probative evidence.

In July and August 1998, circumstances brought more directand compelling evidence to the investigation. After the courtsrejected a novel privilege claim, Secret Service officers andagents testified about their observations of the President andMs. Lewinsky in the White House. Ms. Lewinsky agreed to submitto a proffer interview (previous negotiations had deadlocked overher refusal to do so), and, after assessing her credibility inthat session, the OIC entered into a cooperation agreement withher. Pursuant to the cooperation agreement, Ms. Lewinsky turnedover the dress that proved to bear traces of the President'ssemen. And the President, who had spurned six invitations totestify, finally agreed to provide his account to the grand jury. In that sworn testimony, he acknowledged "inappropriate intimatecontact" with Ms. Lewinsky.

Because of the fashion in which the investigation hadunfolded, in sum, a massive quantity of evidence was available totest and verify Ms. Lewinsky's statements during her profferinterview and her later cooperation. Consequently, Ms.Lewinsky's statements have been corroborated to a remarkabledegree. Her detailed statements to the grand jury and the OIC in1998 are consistent with statements to her confidants dating backto 1995, documents that she created, and physical evidence.⁽¹⁸⁾ Moreover, her accounts generally match the testimony of WhiteHouse staff members; the testimony of Secret Service agents andofficers; and White House records showing Ms. Lewinsky's entriesand exits, the President's whereabouts, and the President'stelephone calls.

C. Sexual Contacts

1. The President's Accounts

a. Jones Testimony

In the Jones deposition on January 17, 1998, the Presidentdenied having had "a sexual affair," "sexual relations," or "asexual relationship" with Ms. Lewinsky.⁽¹⁹⁾ He noted that "[t]hereare no curtains on the Oval Office, there are no curtains on myprivate office, there are no curtains or blinds that can close[on] the windows in my private dining room," and added: "I havedone everything I could to avoid the kind of questions you areasking me here today. . . ."⁽²⁰⁾

During the deposition, the President's attorney, RobertBennett, sought to limit questioning about Ms. Lewinsky. Mr.Bennett told Judge Susan Webber Wright that Ms. Lewinsky hadexecuted "an affidavit which [Ms. Jones's lawyers] are inpossession of saying that there is absolutely no sex of any kindin any manner, shape or form, with President Clinton." In asubsequent colloquy with Judge Wright, Mr. Bennett declared thatas a result of "preparation of [President Clinton] for thisdeposition, the witness is fully aware of Ms. Lewinsky'saffidavit."⁽²¹⁾ The President did not dispute his legalrepresentative's assertion that the President and Ms. Lewinskyhad had "absolutely no sex of any kind in any manner, shape orform," nor did he dispute the implication that Ms. Lewinsky'saffidavit, in denying "a sexual relationship," meant that therewas "absolutely no sex of any kind in any manner, shape or form." In subsequent questioning by his attorney, President Clintontestified under oath that Ms. Lewinsky's affidavit was"absolutely true."⁽²²⁾

b. Grand Jury Testimony

Testifying before the grand jury on August 17, 1998, sevenmonths after his Jones deposition, the President acknowledged"inappropriate intimate contact" with Ms. Lewinsky but maintainedthat his January deposition testimony was accurate.⁽²³⁾ In hisaccount, "what began as a friendship [with Ms. Lewinsky] came toinclude this conduct."⁽²⁴⁾ He said he remembered "meeting her, orhaving my first real conversation with her during the governmentshutdown in November of '95." According to the President, theinappropriate contact occurred later (after Ms. Lewinsky'sinternship had ended), "in early 1996 and once in early 1997."⁽²⁵⁾

The President refused to answer questions about the precisenature of his intimate contacts with Ms. Lewinsky, but he didexplain his earlier denials.⁽²⁶⁾ As to his denial in the Jonesdeposition that he and Ms. Lewinsky had had a "sexualrelationship," the President maintained that there can be nosexual relationship without sexual intercourse, regardless ofwhat other sexual activities may transpire. He stated that "mostordinary Americans" would embrace this distinction.⁽²⁷⁾

The President also maintained that none of his sexualcontacts with Ms. Lewinsky constituted "sexual relations" withina specific definition used in the Jones deposition.⁽²⁸⁾ Under thatdefinition:

[A] person engages in "sexual relations" when the personknowingly engages in or causes -- (1) contact with thegenitalia, anus, groin, breast, inner thigh, or buttocks ofany person with an intent to arouse or gratify the sexualdesire of any person . . . . "Contact" means intentionaltouching, either directly or through clothing.⁽²⁹⁾

According to what the President testified was his understanding,this definition "covers contact by the person being deposed withthe enumerated areas, if the contact is done with an intent toarouse or gratify," but it does not cover oral sex performed onthe person being deposed.⁽³⁰⁾ He testified:

[I]f the deponent is the person who has oral sex performedon him, then the contact is with -- not with anything onthat list, but with the lips of another person. It seems tobe self-evident that that's what it is. . . . Let me remindyou, sir, I read this carefully.⁽³¹⁾

In the President's view, "any person, reasonable person" wouldrecognize that oral sex performed on the deponent falls outsidethe definition.⁽³²⁾

If Ms. Lewinsky performed oral sex on the President, then --under this interpretation -- she engaged in sexual relations buthe did not. The President refused to answer whether Ms. Lewinskyin fact had performed oral sex on him.⁽³³⁾ He did testify thatdirect contact with Ms. Lewinsky's breasts or genitalia wouldfall within the definition, and he denied having had any suchcontact.⁽³⁴⁾

2. Ms. Lewinsky's Account

In his grand jury testimony, the President relied heavily ona particular interpretation of "sexual relations" as defined inthe Jones deposition. Beyond insisting that his conduct did notfall within the Jones definition, he refused to answer questionsabout the nature of his physical contact with Ms. Lewinsky, thusplacing the grand jury in the position of having to accept hisconclusion without being able to explore the underlying facts. This strategy -- evidently an effort to account for possibletraces of the President's semen on Ms. Lewinsky's clothingwithout undermining his position that he did not lie in the Jonesdeposition -- mandates that this Referral set forth evidence ofan explicit nature that otherwise would be omitted.

In light of the President's testimony, Ms. Lewinsky'saccounts of their sexual encounters are indispensable for tworeasons. First, the detail and consistency of these accountstend to bolster Ms. Lewinsky's credibility. Second, andparticularly important, Ms. Lewinsky contradicts the President ona key issue. According to Ms. Lewinsky, the President touchedher breasts and genitalia -- which means that his conduct met theJones definition of sexual relations even under his theory. Onthese matters, the evidence of the President's perjury cannot bepresented without specific, explicit, and possibly offensivedescriptions of sexual encounters.

According to Ms. Lewinsky, she and the President had tensexual encounters, eight while she worked at the White House andtwo thereafter.⁽³⁵⁾ The sexual encounters generally occurred in ornear the private study off the Oval Office -- most often in thewindowless hallway outside the study.⁽³⁶⁾ During many of theirsexual encounters, the President stood leaning against thedoorway of the bathroom across from the study, which, he told Ms.Lewinsky, eased his sore back.⁽³⁷⁾

Ms. Lewinsky testified that her physical relationship withthe President included oral sex but not sexual intercourse.⁽³⁸⁾ According to Ms. Lewinsky, she performed oral sex on thePresident; he never performed oral sex on her.⁽³⁹⁾ Initially,according to Ms. Lewinsky, the President would not let herperform oral sex to completion. In Ms. Lewinsky's understanding,his refusal was related to "trust and not knowing me wellenough."⁽⁴⁰⁾ During their last two sexual encounters, both in1997, he did ejaculate.⁽⁴¹⁾

According to Ms. Lewinsky, she performed oral sex on thePresident on nine occasions. On all nine of those occasions, thePresident fondled and kissed her bare breasts. He touched hergenitals, both through her underwear and directly, bringing herto orgasm on two occasions. On one occasion, the Presidentinserted a cigar into her vagina. On another occasion, she andthe President had brief genital-to-genital contact.⁽⁴²⁾

Whereas the President testified that "what began as afriendship came to include [intimate contact]," Ms. Lewinskyexplained that the relationship moved in the opposite direction: "[T]he emotional and friendship aspects . . . developed after thebeginning of our sexual relationship."⁽⁴³⁾

D. Emotional Attachment

As the relationship developed over time, Ms. Lewinsky grewemotionally attached to President Clinton. She testified: "Inever expected to fall in love with the President. I wassurprised that I did."⁽⁴⁴⁾ Ms. Lewinsky told him of her feelings.⁽⁴⁵⁾ At times, she believed that he loved her too.⁽⁴⁶⁾ They werephysically affectionate: "A lot of hugging, holding handssometimes. He always used to push the hair out of my face."⁽⁴⁷⁾ She called him "Handsome"; on occasion, he called her "Sweetie,""Baby," or sometimes "Dear."⁽⁴⁸⁾ He told her that he enjoyedtalking to her -- she recalled his saying that the two of themwere "emotive and full of fire," and she made him feel young.⁽⁵⁰⁾ He said he wished he could spend more time with her.⁽⁵¹⁾

Ms. Lewinsky told confidants of the emotional underpinningsof the relationship as it evolved. According to her mother,Marcia Lewis, the President once told Ms. Lewinsky that she "hadbeen hurt a lot or something by different men and that he wouldbe her friend or he would help her, not hurt her."⁽⁵²⁾ Accordingto Ms. Lewinsky's friend Neysa Erbland, President Clinton onceconfided in Ms. Lewinsky that he was uncertain whether he wouldremain married after he left the White House. He said inessence, "[W]ho knows what will happen four years from now when Iam out of office?" Ms. Lewinsky thought, according to Ms.Erbland, that "maybe she will be his wife."⁽⁵³⁾

E. Conversations and Phone Messages

Ms. Lewinsky testified that she and the President "enjoyedtalking to each other and being with each other." In herrecollection, "We would tell jokes. We would talk about ourchildhoods. Talk about current events. I was always giving himmy stupid ideas about what I thought should be done in theadministration or different views on things."⁽⁵⁴⁾ One of Ms.Lewinsky's friends testified that, in her understanding, "[ThePresident] would talk about his childhood and growing up, and[Ms. Lewinsky] would relay stories about her childhood andgrowing up. I guess normal conversations that you would havewith someone that you're getting to know."⁽⁵⁵⁾

The longer conversations often occurred after their sexualcontact. Ms. Lewinsky testified: "[W]hen I was working there[at the White House] . . . we'd start in the back [in or near theprivate study] and we'd talk and that was where we werephysically intimate, and we'd usually end up, kind of the pillowtalk of it, I guess, . . . sitting in the Oval Office . . . ."⁽⁵⁶⁾ During several meetings when they were not sexually intimate,they talked in the Oval Office or in the area of the study.⁽⁵⁷⁾

Along with face-to-face meetings, according to Ms. Lewinsky,she spoke on the telephone with the President approximately 50times, often after 10 p.m. and sometimes well after midnight.⁽⁵⁸⁾ The President placed the calls himself or, during working hours,had his secretary, Betty Currie, do so; Ms. Lewinsky could nottelephone him directly, though she sometimes reached him throughMs. Currie.⁽⁵⁹⁾ Ms. Lewinsky testified: "[W]e spent hours on thephone talking."⁽⁶⁰⁾ Their telephone conversations were "[s]imilarto what we discussed in person, just how we were doing. A lot ofdiscussions about my job, when I was trying to come back to theWhite House and then once I decided to move to New York. . . . We talked about everything under the sun."⁽⁶¹⁾ On 10 to 15occasions, she and the President had phone sex.⁽⁶²⁾ After phonesex late one night, the President fell asleep mid-conversation.⁽⁶³⁾

On four occasions, the President left very brief messages onMs. Lewinsky's answering machine, though he told her that he didnot like doing so because (in her recollection) he "felt it was alittle unsafe."⁽⁶⁴⁾ She saved his messages and played the tapesfor several confidants, who said they believed that the voice wasthe President's.⁽⁶⁵⁾

By phone and in person, according to Ms. Lewinsky, she andthe President sometimes had arguments. On a number of occasionsin 1997, she complained that he had not brought her back from thePentagon to work in the White House, as he had promised to doafter the election.⁽⁶⁶⁾ In a face-to-face meeting on July 4, 1997,the President reprimanded her for a letter she had sent him thatobliquely threatened to disclose their relationship.⁽⁶⁷⁾ During anargument on December 6, 1997, according to Ms. Lewinsky, thePresident said that "he had never been treated as poorly byanyone else as I treated him," and added that "he spent more timewith me than anyone else in the world, aside from his family,friends and staff, which I don't know exactly which category thatput me in."⁽⁶⁸⁾

Testifying before the grand jury, the President confirmedthat he and Ms. Lewinsky had had personal conversations, and heacknowledged that their telephone conversations sometimesincluded "inappropriate sexual banter."⁽⁶⁹⁾ The President saidthat Ms. Lewinsky told him about "her personal life," "herupbringing," and "her job ambitions."⁽⁷⁰⁾ After terminating theirintimate relationship in 1997, he said, he tried "to be a friendto Ms. Lewinsky, to be a counselor to her, to give her goodadvice, and to help her."⁽⁷¹⁾

F. Gifts

Ms. Lewinsky and the President exchanged numerous gifts. Byher estimate, she gave him about 30 items, and he gave her about18.⁽⁷²⁾ Ms. Lewinsky's first gift to him was a matted poem givenby her and other White House interns to commemorate "NationalBoss Day," October 24, 1995.⁽⁷³⁾ This was the only item reflectedin White House records that Ms. Lewinsky gave the Presidentbefore (in her account) the sexual relationship began, and theonly item that he sent to the archives instead of keeping.⁽⁷⁴⁾ OnNovember 20 -- five days after the intimate relationship began,according to Ms. Lewinsky -- she gave him a necktie, which hechose to keep rather than send to the archives.⁽⁷⁵⁾ According toMs. Lewinsky, the President telephoned the night she gave him thetie, then sent her a photo of himself wearing it.⁽⁷⁶⁾ The tie waslogged pursuant to White House procedures for gifts to thePresident.⁽⁷⁷⁾

In a draft note to the President in December 1997, Ms.Lewinsky wrote that she was "very particular about presents andcould never give them to anyone else -- they were all bought withyou in mind."⁽⁷⁸⁾ Many of the 30 or so gifts that she gave thePresident reflected his interests in history, antiques, cigars,and frogs. Ms. Lewinsky gave him, among other things, sixneckties, an antique paperweight showing the White House, asilver tabletop holder for cigars or cigarettes, a pair ofsunglasses, a casual shirt, a mug emblazoned "Santa Monica," afrog figurine, a letter opener depicting a frog, several novels,a humorous book of quotations, and several antique books.⁽⁷⁹⁾ Hegave her, among other things, a hat pin, two brooches, a blanket,a marble bear figurine, and a special edition of Walt Whitman'sLeaves of Grass.⁽⁸⁰⁾

Ms. Lewinsky construed it as a sign of affection when thePresident wore a necktie or other item of clothing she had givenhim. She testified: "I used to say to him that 'I like it whenyou wear my ties because then I know I'm close to your heart.' So -- literally and figuratively."⁽⁸¹⁾ The President was aware ofher reaction, according to Ms. Lewinsky, and he would sometimeswear one of the items to reassure her -- occasionally on the daythey were scheduled to meet or the day after they had met inperson or talked by telephone.⁽⁸²⁾ The President would sometimessay to her, "Did you see I wore your tie the other day?"⁽⁸³⁾

In his grand jury testimony, the President acknowledged thathe had exchanged a number of gifts with Ms. Lewinsky. Aftertheir intimate relationship ended in 1997, he testified, "[S]hecontinued to give me gifts. And I felt that it was a right thingto do to give her gifts back."⁽⁸⁴⁾

G. Messages

According to Ms. Lewinsky, she sent the President a numberof cards and letters. In some, she expressed anger that he was"not paying enough attention to me"; in others, she said shemissed him; in still others, she just sent "a funny card that Isaw."⁽⁸⁵⁾ In early January 1998, she sent him, along with anantique book about American presidents, "[a]n embarrassing mushynote."⁽⁸⁶⁾ She testified that the President never sent her anycards or notes other than formal thank-you letters.⁽⁸⁷⁾

Testifying before the grand jury, the President acknowledgedhaving received cards and notes from Ms. Lewinsky that were"somewhat intimate" and "quite affectionate," even after theintimate relationship ended.⁽⁸⁸⁾

H. Secrecy

1. Mutual Understanding

Both Ms. Lewinsky and the President testified that they tooksteps to maintain the secrecy of the relationship. According toMs. Lewinsky, the President from the outset stressed theimportance of keeping the relationship secret. In herhandwritten statement to this Office, Ms. Lewinsky wrote that"the President told Ms. L to deny a relationship, if ever askedabout it. He also said something to the effect of if the twopeople who are involved say it didn't happen -- it didn'thappen."⁽⁸⁹⁾ According to Ms. Lewinsky, the President sometimesasked if she had told anyone about their sexual relationship orabout the gifts they had exchanged; she (falsely) assured himthat she had not.⁽⁹⁰⁾ She told him that "I would always deny it, Iwould always protect him," and he responded approvingly.⁽⁹¹⁾ Thetwo of them had, in her words, "a mutual understanding" that theywould "keep this private, so that meant deny it and . . . takewhatever appropriate steps needed to be taken."⁽⁹²⁾ When she andthe President both were subpoenaed to testify in the Jones case,Ms. Lewinsky anticipated that "as we had on every other occasionand every other instance of this relationship, we would denyit."⁽⁹³⁾

In his grand jury testimony, the President confirmed hisefforts to keep their liaisons secret.⁽⁹⁴⁾ He said he did not wantthe facts of their relationship to be disclosed "in any context,"and added: "I certainly didn't want this to come out, if I couldhelp it. And I was concerned about that. I was embarrassedabout it. I knew it was wrong."⁽⁹⁵⁾ Asked if he wanted to avoidhaving the facts come out through Ms. Lewinsky's testimony inJones, he said: "Well, I did not want her to have to testify andgo through that. And, of course, I didn't want her to do that,of course not."⁽⁹⁶⁾

2. Cover Stories

For her visits to see the President, according to Ms.Lewinsky, "[T]here was always some sort of a cover."⁽⁹⁷⁾ Whenvisiting the President while she worked at the White House, shegenerally planned to tell anyone who asked (including SecretService officers and agents) that she was delivering papers tothe President.⁽⁹⁸⁾ Ms. Lewinsky explained that this artifice mayhave originated when "I got there kind of saying, 'Oh, gee, hereare your letters,' wink, wink, wink, and him saying, 'Okay,that's good.'"⁽⁹⁹⁾ To back up her stories, she generally carried afolder on these visits.⁽¹⁰⁰⁾ (In truth, according to Ms. Lewinsky,her job never required her to deliver papers to the President.⁽¹⁰¹⁾) On a few occasions during her White House employment, Ms.Lewinsky and the President arranged to bump into each other inthe hallway; he then would invite her to accompany him to theOval Office.⁽¹⁰²⁾ Later, after she left the White House and startedworking at the Pentagon, Ms. Lewinsky relied on Ms. Currie toarrange times when she could see the President. The cover storyfor those visits was that Ms. Lewinsky was coming to see Ms.Currie, not the President.⁽¹⁰³⁾

While the President did not expressly instruct her to lie,according to Ms. Lewinsky, he did suggest misleading coverstories.⁽¹⁰⁴⁾ And, when she assured him that she planned to lieabout the relationship, he responded approvingly. On thefrequent occasions when Ms. Lewinsky promised that she would"always deny" the relationship and "always protect him," forexample, the President responded, in her recollection, "'That'sgood,' or -- something affirmative. . . . [N]ot -- 'Don't denyit.'"⁽¹⁰⁵⁾

Once she was named as a possible witness in the Jones case,according to Ms. Lewinsky, the President reminded her of thecover stories. After telling her that she was a potentialwitness, the President suggested that, if she were subpoenaed,she could file an affidavit to avoid being deposed. He also toldher she could say that, when working at the White House, she hadsometimes delivered letters to him, and, after leaving her WhiteHouse job, she had sometimes returned to visit Ms. Currie.⁽¹⁰⁶⁾ (The President's own testimony in the Jones case mirrors therecommendations he made to Ms. Lewinsky for her testimony. Inhis deposition, the President testified that he saw Ms. Lewinsky"on two or three occasions" during the November 1995 governmentfurlough, "one or two other times when she brought some documentsto me," and "sometime before Christmas" when Ms. Lewinsky "cameby to see Betty."⁽¹⁰⁷⁾)

In his grand jury testimony, the President acknowledged thathe and Ms. Lewinsky "might have talked about what to do in anonlegal context" to hide their relationship, and that he "mightwell have said" that Ms. Lewinsky should tell people that she wasbringing letters to him or coming to visit Ms. Currie.⁽¹⁰⁸⁾ But healso stated that "I never asked Ms. Lewinsky to lie."⁽¹⁰⁹⁾

3. Steps to Avoid Being Seen or Heard

After their first two sexual encounters during the November1995 government shutdown, according to Ms. Lewinsky, herencounters with the President generally occurred on weekends,when fewer people were in the West Wing.⁽¹¹⁰⁾ Ms. Lewinskytestified:

He had told me . . . that he was usually around on theweekends and that it was okay to come see him on theweekends. So he would call and we would arrange either tobump into each other in the hall or that I would bringpapers to the office.⁽¹¹¹⁾

From some of the President's comments, Ms. Lewinsky gathered thatshe should try to avoid being seen by several White Houseemployees, including Nancy Hernreich, Deputy Assistant to thePresident and Director of Oval Office Operations, and StephenGoodin, the President's personal aide.⁽¹¹²⁾

Out of concern about being seen, the sexual encounters mostoften occurred in the windowless hallway outside the study.⁽¹¹³⁾ According to Ms. Lewinsky, the President was concerned that thetwo of them might be spotted through a White House window. Whenthey were in the study together in the evenings, he sometimesturned out the light.⁽¹¹⁴⁾ Once, when she spotted a gardeneroutside the study window, they left the room.⁽¹¹⁵⁾ Ms. Lewinskytestified that, on December 28, 1997, "when I was getting myChristmas kiss" in the doorway to the study, the President was"looking out the window with his eyes wide open while he waskissing me and then I got mad because it wasn't very romantic." He responded, "Well, I was just looking to see to make sure noone was out there."⁽¹¹⁶⁾

Fear of discovery constrained their sexual encounters inseveral respects, according to Ms. Lewinsky. The Presidentordinarily kept the door between the private hallway and the OvalOffice several inches ajar during their encounters, both so thathe could hear if anyone approached and so that anyone who didapproach would be less likely to suspect impropriety.⁽¹¹⁷⁾ Duringtheir sexual encounters, Ms. Lewinsky testified, "[W]e were bothaware of the volume and sometimes . . . I bit my hand -- so thatI wouldn't make any noise."⁽¹¹⁸⁾ On one occasion, according to Ms.Lewinsky, the President put his hand over her mouth during asexual encounter to keep her quiet.⁽¹¹⁹⁾ Concerned that they mightbe interrupted abruptly, according to Ms. Lewinsky, the two ofthem never fully undressed.⁽¹²⁰⁾

While noting that "the door to the hallway was alwayssomewhat open," the President testified that he did try to keepthe intimate relationship secret: "I did what people do whenthey do the wrong thing. I tried to do it where nobody else waslooking at it."⁽¹²¹⁾

4. Ms. Lewinsky's Notes and Letters

The President expressed concern about documents that mighthint at an improper relationship between them, according to Ms.Lewinsky. He cautioned her about messages she sent:

There were . . . some occasions when I sent him cards ornotes that I wrote things that he deemed too personal to puton paper just in case something ever happened, if it gotlost getting there or someone else opened it. So there wereseveral times when he remarked to me, you know, youshouldn't put that on paper.⁽¹²²⁾

She said that the President made this point to her in their lastconversation, on January 5, 1998, in reference to what shecharacterized as "[a]n embarrassing mushy note" she had senthim.⁽¹²³⁾ In addition, according to Ms. Lewinsky, the Presidentexpressed concerns about official records that could establishaspects of their relationship. She said that on two occasionsshe asked the President if she could go upstairs to the Residencewith him. No, he said, because a record is kept of everyone whoaccompanies him there.⁽¹²⁴⁾

The President testified before the grand jury: "I remembertelling her she should be careful what she wrote, because a lotof it was clearly inappropriate and would be embarrassing ifsomebody else read it."⁽¹²⁵⁾

5. Ms. Lewinsky's Evaluation of Their Secrecy Efforts

In two conversations recorded after she was subpoenaed inthe Jones case, Ms. Lewinsky expressed confidence that herrelationship with the President would never be discovered.⁽¹²⁶⁾ Shebelieved that no records showed her and the President alone inthe area of the study.⁽¹²⁷⁾ Regardless of the evidence, in anyevent, she would continue denying the relationship. "If someonelooked in the study window, it's not me," she said.⁽¹²⁸⁾ If someoneproduced tapes of her telephone calls with the President, shewould say they were fakes.⁽¹²⁹⁾

In another recorded conversation, Ms. Lewinsky said she wasespecially comforted by the fact that the President, like her,would be swearing under oath that "nothing happened."⁽¹³⁰⁾ Shesaid:

[T]o tell you the truth, I'm not concerned all that muchanymore because I know I'm not going to get in trouble. Iwill not get in trouble because you know what? The storyI've signed under -- under oath is what someone else issaying under oath.⁽¹³¹⁾

Monica Lewinsky began her White House employment as anintern in the Chief of Staff's office in July 1995. At WhiteHouse functions in the following months, she made eye contactwith the President. During the November 1995 governmentshutdown, the President invited her to his private study, wherethey kissed. Later that evening, they had a more intimate sexualencounter. They had another sexual encounter two days later, anda third one on New Year's Eve.

A. Overview of Monica Lewinsky's White House Employment

Monica Lewinsky worked at the White House, first as anintern and then as an employee, from July 1995 to April 1996. With the assistance of family friend Walter Kaye, a prominentcontributor to political causes, she obtained an internshipstarting in early July, when she was 21 years old.⁽¹³²⁾ She wasassigned to work on correspondence in the office of Chief ofStaff Leon Panetta in the Old Executive Office Building.⁽¹³³⁾

As her internship was winding down, Ms. Lewinsky applied fora paying job on the White House staff. She interviewed withTimothy Keating, Special Assistant to the President and StaffDirector for Legislative Affairs.⁽¹³⁴⁾ Ms. Lewinsky accepted aposition dealing with correspondence in the Office of LegislativeAffairs on November 13, 1995, but did not start the job (and,thus, continued her internship) until November 26.⁽¹³⁵⁾ Sheremained a White House employee until April 1996, when -- in herview, because of her intimate relationship with the President --she was dismissed from the White House and transferred to thePentagon.⁽¹³⁶⁾

B. First Meetings with the President

The month after her White House internship began, Ms.Lewinsky and the President began what she characterized as"intense flirting."⁽¹³⁷⁾ At departure ceremonies and other events,she made eye contact with him, shook hands, and introducedherself.⁽¹³⁸⁾ When she ran into the President in the West Wingbasement and introduced herself again, according to Ms. Lewinsky,he responded that he already knew who she was.⁽¹³⁹⁾ Ms. Lewinskytold her aunt that the President "seemed attracted to her orinterested in her or something," and told a visiting friend that"she was attracted to [President Clinton], she had a big crush onhim, and I think she told me she at some point had gotten hisattention, that there was some mutual eye contact andrecognition, mutual acknowledgment."⁽¹⁴⁰⁾

In the autumn of 1995, an impasse over the budget forced thefederal government to shut down for one week, from Tuesday,November 14, to Monday, November 20.⁽¹⁴¹⁾ Only essential federalemployees were permitted to work during the furlough, and theWhite House staff of 430 shrank to about 90 people for the week. White House interns could continue working because of theirunpaid status, and they took on a wide range of additionalduties.⁽¹⁴²⁾

During the shutdown, Ms. Lewinsky worked in Chief of StaffPanetta's West Wing office, where she answered phones and ranerrands.⁽¹⁴³⁾ The President came to Mr. Panetta's office frequentlybecause of the shutdown, and he sometimes talked with Ms.Lewinsky.⁽¹⁴⁴⁾ She characterized these encounters as "continuedflirtation."⁽¹⁴⁵⁾ According to Ms. Lewinsky, a Senior Adviser tothe Chief of Staff, Barry Toiv, remarked to her that she wasgetting a great deal of "face time" with the President.⁽¹⁴⁶⁾

C. November 15 Sexual Encounter

Ms. Lewinsky testified that Wednesday, November 15, 1995 --the second day of the government shutdown -- marked the beginningof her sexual relationship with the President.⁽¹⁴⁷⁾ On that date,she entered the White House at 1:30 p.m., left sometimethereafter (White House records do not show the time), reenteredat 5:07 p.m., and departed at 12:18 a.m. on November 16.⁽¹⁴⁸⁾ ThePresident was in the Oval Office or the Chief of Staff's office(where Ms. Lewinsky worked during the furlough) for almost theidentical period that Ms. Lewinsky was in the White House thatevening, from 5:01 p.m. on November 15 to 12:35 a.m. on November16.⁽¹⁴⁹⁾

According to Ms. Lewinsky, she and the President made eyecontact when he came to the West Wing to see Mr. Panetta andDeputy Chief of Staff Harold Ickes, then again later at aninformal birthday party for Jennifer Palmieri, Special Assistantto the Chief of Staff.⁽¹⁵⁰⁾ At one point, Ms. Lewinsky and thePresident talked alone in the Chief of Staff's office. In thecourse of flirting with him, she raised her jacket in the backand showed him the straps of her thong underwear, which extendedabove her pants.⁽¹⁵¹⁾

En route to the restroom at about 8 p.m., she passed GeorgeStephanopoulos's office. The President was inside alone, and hebeckoned her to enter.⁽¹⁵²⁾ She told him that she had a crush onhim. He laughed, then asked if she would like to see his privateoffice.⁽¹⁵³⁾ Through a connecting door in Mr. Stephanopoulos'soffice, they went through the President's private dining roomtoward the study off the Oval Office. Ms. Lewinsky testified: "We talked briefly and sort of acknowledged that there had been achemistry that was there before and that we were both attractedto each other and then he asked me if he could kiss me." Ms.Lewinsky said yes. In the windowless hallway adjacent to thestudy, they kissed.⁽¹⁵⁴⁾ Before returning to her desk, Ms. Lewinskywrote down her name and telephone number for the President.⁽¹⁵⁵⁾

At about 10 p.m., in Ms. Lewinsky's recollection, she wasalone in the Chief of Staff's office and the Presidentapproached.⁽¹⁵⁶⁾ He invited her to rendezvous again in Mr.Stephanopoulos's office in a few minutes, and she agreed.⁽¹⁵⁷⁾ (Asked if she knew why the President wanted to meet with her, Ms.Lewinsky testified: "I had an idea."⁽¹⁵⁸⁾) They met in Mr.Stephanopoulos's office and went again to the area of the privatestudy.⁽¹⁵⁹⁾ This time the lights in the study were off.⁽¹⁶⁰⁾

According to Ms. Lewinsky, she and the President kissed. She unbuttoned her jacket; either she unhooked her bra or helifted her bra up; and he touched her breasts with his hands andmouth.⁽¹⁶¹⁾ Ms. Lewinsky testified: "I believe he took a phonecall . . . and so we moved from the hallway into the back office. . . . [H]e put his hand down my pants and stimulated memanually in the genital area."⁽¹⁶²⁾ While the President continuedtalking on the phone (Ms. Lewinsky understood that the caller wasa Member of Congress or a Senator), she performed oral sex onhim.⁽¹⁶³⁾ He finished his call, and, a moment later, told Ms.Lewinsky to stop. In her recollection: "I told him that Iwanted . . . to complete that. And he said . . . that he neededto wait until he trusted me more. And then I think he made ajoke . . . that he hadn't had that in a long time."⁽¹⁶⁴⁾

Both before and after their sexual contact during thatencounter, Ms. Lewinsky and the President talked.⁽¹⁶⁵⁾ At one pointduring the conversation, the President tugged on the pink internpass hanging from her neck and said that it might be a problem. Ms. Lewinsky thought that he was talking about access -- internswere not supposed to be in the West Wing without an escort --and, in addition, that he might have discerned some "impropriety"in a sexual relationship with a White House intern.⁽¹⁶⁶⁾

White House records corroborate details of Ms. Lewinsky'saccount. She testified that her November 15 encounters with thePresident occurred at about 8 p.m. and 10 p.m., and that in eachcase the two of them went from the Chief of Staff's office to theOval Office area.⁽¹⁶⁷⁾ Records show that the President visited theChief of Staff's office for one minute at 8:12 p.m. and for twominutes at 9:23 p.m., in each case returning to the OvalOffice.⁽¹⁶⁸⁾ She recalled that the President took a telephone callduring their sexual encounter, and she believed that the callerwas a Member of Congress or a Senator.⁽¹⁶⁹⁾ White House recordsshow that after returning to the Oval Office from the Chief ofStaff's office, the President talked to two Members of Congress: Rep. Jim Chapman from 9:25 p.m. to 9:30 p.m., and Rep. JohnTanner from 9:31 p.m. to 9:35 p.m.⁽¹⁷⁰⁾

D. November 17 Sexual Encounter

According to Ms. Lewinsky, she and the President had asecond sexual encounter two days later (still during thegovernment furlough), on Friday, November 17. She was at theWhite House until 8:56 p.m., then returned from 9:38 to 10:39p.m.⁽¹⁷¹⁾ At 9:45 p.m., a few minutes after Ms. Lewinsky's reentry,the President went from the Oval Office to the Chief of Staff'soffice (where Ms. Lewinsky worked during the furlough) for oneminute, then returned to the Oval Office for 30 minutes. Fromthere, he went back to the Chief of Staff's office until 10:34p.m. (approximately when Ms. Lewinsky left the White House), thenwent by the Oval Office and the Ground Floor before retiring tothe Residence at 10:40 p.m.⁽¹⁷²⁾

Ms. Lewinsky testified:

We were again working late because it was during thefurlough and Jennifer Palmieri . . . had ordered pizza alongwith Ms. Currie and Ms. Hernreich. And when the pizza came,I went down to let them know that the pizza was there and itwas at that point when I walked into Ms. Currie's officethat the President was standing there with some other peoplediscussing something.

And they all came back to the office and Mr. -- I thinkit was Mr. Toiv, somebody accidentally knocked pizza on myjacket, so I went to go use the restroom to wash it off andas I was coming out of the restroom, the President wasstanding in Ms. Currie's doorway and said, "You can come outthis way."⁽¹⁷³⁾

Ms. Lewinsky and the President went into the area of the privatestudy, according to Ms. Lewinsky. There, either in the hallwayor the bathroom, she and the President kissed. After a fewminutes, in Ms. Lewinsky's recollection, she told him that sheneeded to get back to her desk. The President suggested that shebring him some slices of pizza.⁽¹⁷⁴⁾

A few minutes later, she returned to the Oval Office areawith pizza and told Ms. Currie that the President had requestedit. Ms. Lewinsky testified: "[Ms. Currie] opened the door andsaid, 'Sir, the girl's here with the pizza.' He told me to comein. Ms. Currie went back into her office and then we went intothe back study area again."⁽¹⁷⁵⁾ Several witnesses confirm thatwhen Ms. Lewinsky delivered pizza to the President that night,the two of them were briefly alone.⁽¹⁷⁶⁾

Ms. Lewinsky testified that she and the President had asexual encounter during this visit.⁽¹⁷⁷⁾ They kissed, and thePresident touched Ms. Lewinsky's bare breasts with his hands andmouth.⁽¹⁷⁸⁾ At some point, Ms. Currie approached the door leadingto the hallway, which was ajar, and said that the President had atelephone call.⁽¹⁷⁹⁾ Ms. Lewinsky recalled that the caller was aMember of Congress with a nickname.⁽¹⁸⁰⁾ While the President was onthe telephone, according to Ms. Lewinsky, "he unzipped his pantsand exposed himself," and she performed oral sex.⁽¹⁸¹⁾ Again, hestopped her before he ejaculated.⁽¹⁸²⁾

During this visit, according to Ms. Lewinsky, the Presidenttold her that he liked her smile and her energy. He also said: "I'm usually around on weekends, no one else is around, and youcan come and see me."⁽¹⁸³⁾

Records corroborate Ms. Lewinsky's recollection that thePresident took a call from a Member of Congress with a nickname. While Ms. Lewinsky was at the White House that evening (9:38 to10:39 p.m.), the President had one telephone conversation with aMember of Congress: From 9:53 to 10:14 p.m., he spoke with Rep.H.L. "Sonny" Callahan.⁽¹⁸⁴⁾

In his Jones deposition on January 17, 1998, PresidentClinton -- who said he was unable to recall most of hisencounters with Ms. Lewinsky -- did remember her "back there witha pizza" during the government shutdown. He said, however, thathe did not believe that the two of them were alone.⁽¹⁸⁵⁾ Testifyingbefore the grand jury on August 17, 1998, the President said thathis first "real conversation" with Ms. Lewinsky occurred duringthe November 1995 furlough. He testified: "One night shebrought me some pizza. We had some remarks."⁽¹⁸⁶⁾

E. December 31 Sexual Encounter

According to Ms. Lewinsky, she and the President had theirthird sexual encounter on New Year's Eve. Ms. Lewinsky -- bythen a member of the staff of the Office of Legislative Affairs

-- was at the White House on Sunday, December 31, 1995, until1:16 p.m.; her time of arrival is not shown.⁽¹⁸⁷⁾ The President wasin the Oval Office area from 12:11 p.m. until about the time thatMs. Lewinsky left, 1:15 p.m., when he went to the Residence.⁽¹⁸⁸⁾

Sometime between noon and 1 p.m., in Ms. Lewinsky'srecollection, she was in the pantry area of the President'sprivate dining room talking with a White House steward, BayaniNelvis. She told Mr. Nelvis that she had recently smoked herfirst cigar, and he offered to give her one of the President'scigars. Just then, the President came down the hallway from theOval Office and saw Ms. Lewinsky. The President dispatched Mr.Nelvis to deliver something to Mr. Panetta.⁽¹⁸⁹⁾

According to Ms. Lewinsky, she told the President that Mr.Nelvis had promised her a cigar, and the President gave herone.⁽¹⁹⁰⁾ She told him her name -- she had the impression that hehad forgotten it in the six weeks since their furlough encountersbecause, when passing her in the hallway, he had called her"Kiddo."⁽¹⁹¹⁾ The President replied that he knew her name; in fact,he added, having lost the phone number she had given him, he hadtried to find her in the phonebook.⁽¹⁹²⁾

According to Ms. Lewinsky, they moved to the study. "Andthen . . . we were kissing and he lifted my sweater and exposedmy breasts and was fondling them with his hands and with hismouth."⁽¹⁹³⁾ She performed oral sex.⁽¹⁹⁴⁾ Once again, he stopped herbefore he ejaculated because, Ms. Lewinsky testified, "he didn'tknow me well enough or he didn't trust me yet."⁽¹⁹⁵⁾

According to Ms. Lewinsky, a Secret Service officer namedSandy was on duty in the West Wing that day.⁽¹⁹⁶⁾ Records show thatSandra Verna was on duty outside the Oval Office from 7 a.m. to 2p.m.⁽¹⁹⁷⁾

F. President's Account of 1995 Relationship

As noted, the President testified before the grand jury thaton November 17, 1995, Ms. Lewinsky delivered pizza and exchanged"some remarks" with him, but he never indicated that anythingsexual occurred then or at any other point in 1995.⁽¹⁹⁸⁾ Testifyingunder oath before the grand jury, the President said that heengaged in "conduct that was wrong" involving "inappropriateintimate contact" with Ms. Lewinsky "on certain occasions inearly 1996 and once in early 1997."⁽¹⁹⁹⁾ By implicitly denying anysexual contact in 1995, the President indicated that he and Ms.Lewinsky had no sexual involvement while she was an intern.⁽²⁰⁰⁾ Inthe President's testimony, his relationship with Ms. Lewinsky"began as a friendship," then later "came to include thisconduct."⁽²⁰¹⁾

President Clinton and Ms. Lewinsky had additional sexualencounters near the Oval Office in 1996. After their sixthsexual encounter, the President and Ms. Lewinsky had their firstlengthy conversation. On President's Day, February 19, thePresident terminated their sexual relationship, then revived iton March 31.

A. January 7 Sexual Encounter

According to Ms. Lewinsky, she and the President had anothersexual encounter on Sunday, January 7, 1996. Although WhiteHouse records do not indicate that Ms. Lewinsky was at the WhiteHouse that day, her testimony and other evidence indicate thatshe was there.⁽²⁰²⁾ The President, according to White Houserecords, was in the Oval Office most of the afternoon, from 2:13to 5:49 p.m.⁽²⁰³⁾

According to Ms. Lewinsky, the President telephoned herearly that afternoon. It was the first time he had called her athome.⁽²⁰⁴⁾ In her recollection: "I asked him what he was doing andhe said he was going to be going into the office soon. I said,oh, do you want some company? And he said, oh, that would begreat."⁽²⁰⁵⁾ Ms. Lewinsky went to her office, and the Presidentcalled to arrange their rendezvous:

[W]e made an arrangement that . . . he would have the doorto his office open, and I would pass by the office with somepapers and then . . . he would sort of stop me and invite mein. So, that was exactly what happened. I passed by andthat was actually when I saw [Secret Service UniformedOfficer] Lew Fox who was on duty outside the Oval Office,and stopped and spoke with Lew for a few minutes, and thenthe President came out and said, oh, hey, Monica . . . comeon in . . . . And so we spoke for about 10 minutes in the[Oval] office. We sat on the sofas. Then we went into theback study and we were intimate in the bathroom.⁽²⁰⁶⁾

Ms. Lewinsky testified that during this bathroom encounter, sheand the President kissed, and he touched her bare breasts withhis hands and his mouth.⁽²⁰⁷⁾ The President "was talking aboutperforming oral sex on me," according to Ms. Lewinsky.⁽²⁰⁸⁾ But shestopped him because she was menstruating and he did not.⁽²⁰⁹⁾ Ms.Lewinsky did perform oral sex on him.⁽²¹⁰⁾

Afterward, she and the President moved to the Oval Officeand talked. According to Ms. Lewinsky: "[H]e was chewing on acigar. And then he had the cigar in his hand and he was kind oflooking at the cigar in . . . sort of a naughty way. And so. . . I looked at the cigar and I looked at him and I said, wecan do that, too, some time."⁽²¹¹⁾

Corroborating aspects of Ms. Lewinsky's recollection,records show that Officer Fox was posted outside the Oval Officethe afternoon of January 7.⁽²¹²⁾ Officer Fox (who is now retired)testified that he recalled an incident with Ms. Lewinsky oneweekend afternoon when he was on duty by the Oval Office:⁽²¹³⁾

[T]he President of the United States came out, and he askedme, he says, "Have you seen any young congressional staffmembers here today?" I said, "No, sir." He said, "Well,I'm expecting one." He says, "Would you please let me knowwhen they show up?" And I said, "Yes, sir."⁽²¹⁴⁾

Officer Fox construed the reference to "congressional staffmembers" to mean White House staff who worked with Congress --i.e., staff of the Legislative Affairs Office, where Ms. Lewinskyworked.⁽²¹⁵⁾

Talking with a Secret Service agent posted in the hallway,Officer Fox speculated on whom the President was expecting: "Idescribed Ms. Lewinsky, without mentioning the name, in detail,dark hair -- you know, I gave a general description of what shelooked like."⁽²¹⁶⁾ Officer Fox had gotten to know Ms. Lewinskyduring her tenure at the White House, and other agents had toldhim that she often spent time with the President.⁽²¹⁷⁾

A short time later, Ms. Lewinsky approached, greeted OfficerFox, and said, "I have some papers for the President." OfficerFox admitted her to the Oval Office. The President said: "Youcan close the door. She'll be here for a while."⁽²¹⁸⁾

B. January 21 Sexual Encounter

On Sunday, January 21, 1996, according to Ms. Lewinsky, sheand the President had another sexual encounter. Her time ofWhite House entry is not reflected in records. She left at 3:56p.m.⁽²¹⁹⁾ The President moved from the Residence to the Oval Officeat 3:33 p.m. and remained there until 7:40 p.m.⁽²²⁰⁾

On that day, according to Ms. Lewinsky, she saw thePresident in a hallway by an elevator, and he invited her to theOval Office.⁽²²¹⁾ According to Ms. Lewinsky:

We had . . . had phone sex for the first time the weekprior, and I was feeling a little bit insecure about whetherhe had liked it or didn't like it . . . . I didn't know ifthis was sort of developing into some kind of a longer-termrelationship than what I thought it initially might havebeen, that maybe he had some regular girlfriend who wasfurloughed . . . .⁽²²²⁾

According to Ms. Lewinsky, she questioned the President about hisinterest in her. "I asked him why he doesn't ask me anyquestions about myself, and . . . is this just about sex . . . ordo you have some interest in trying to get to know me as aperson?"⁽²²³⁾ The President laughed and said, according to Ms.Lewinsky, that "he cherishes the time that he had with me."⁽²²⁴⁾ She considered it "a little bit odd" for him to speak ofcherishing their time together "when I felt like he didn't reallyeven know me yet."⁽²²⁵⁾

They continued talking as they went to the hallway by thestudy. Then, with Ms. Lewinsky in mid-sentence, "he just startedkissing me."⁽²²⁶⁾ He lifted her top and touched her breasts withhis hands and mouth.⁽²²⁷⁾ According to Ms. Lewinsky, the President"unzipped his pants and sort of exposed himself," and sheperformed oral sex.⁽²²⁸⁾

At one point during the encounter, someone entered the OvalOffice. In Ms. Lewinsky's recollection, "[The President] zippedup real quickly and went out and came back in . . . . I justremember laughing because he had walked out there and he wasvisibly aroused, and I just thought it was funny."⁽²²⁹⁾

A short time later, the President got word that his nextappointment, a friend from Arkansas, had arrived.⁽²³⁰⁾ He took Ms.Lewinsky out through the Oval Office into Ms. Hernreich's office,where he kissed her goodbye.⁽²³¹⁾

C. February 4 Sexual Encounter and Subsequent Phone Calls

On Sunday, February 4, according to Ms. Lewinsky, she andthe President had their sixth sexual encounter and their firstlengthy and personal conversation. The President was in the OvalOffice from 3:36 to 7:05 p.m.⁽²³²⁾ He had no telephone calls in theOval Office before 4:45 p.m.⁽²³³⁾ Records do not show Ms.Lewinsky's entry or exit.

According to Ms. Lewinsky, the President telephoned her ather desk and they planned their rendezvous. At her suggestion,they bumped into each other in the hallway, "because when ithappened accidentally, that seemed to work really well," thenwalked together to the area of the private study.⁽²³⁴⁾

There, according to Ms. Lewinsky, they kissed. She waswearing a long dress that buttoned from the neck to the ankles. "And he unbuttoned my dress and he unhooked my bra, and sort oftook the dress off my shoulders and . . . moved the bra . . . . [H]e was looking at me and touching me and telling me howbeautiful I was."⁽²³⁵⁾ He touched her breasts with his hands andhis mouth, and touched her genitals, first through underwear andthen directly.⁽²³⁶⁾ She performed oral sex on him.⁽²³⁷⁾

After their sexual encounter, the President and Ms. Lewinskysat and talked in the Oval Office for about 45 minutes. Ms.Lewinsky thought the President might be responding to hersuggestion during their previous meeting about "trying to get toknow me."⁽²³⁸⁾ It was during that conversation on February 4,according to Ms. Lewinsky, that their friendship started toblossom.⁽²³⁹⁾

When she prepared to depart, according to Ms. Lewinsky, thePresident "kissed my arm and told me he'd call me, and then Isaid, yeah, well, what's my phone number? And so he recited bothmy home number and my office number off the top of his head."⁽²⁴⁰⁾ The President called her at her desk later that afternoon andsaid he had enjoyed their time together.⁽²⁴¹⁾

D. President's Day (February 19) Break-up

According to Ms. Lewinsky, the President terminated theirrelationship (only temporarily, as it happened), on Monday,February 19, 1996 -- President's Day. The President was in theOval Office from 11 a.m. to 2:01 p.m. that day.⁽²⁴²⁾ He had notelephone calls between 12:19 and 12:42 p.m.⁽²⁴³⁾ Records do notreflect Ms. Lewinsky's presence at the White House.

In Ms. Lewinsky's recollection, the President telephoned herat her Watergate apartment that day. From the tone of his voice,she could tell something was wrong. She asked to come see him,but he said he did not know how long he would be there.⁽²⁴⁴⁾ Ms.Lewinsky went to the White House, then walked to the Oval Officesometime between noon and 2 p.m. (the only time she ever went tothe Oval Office uninvited).⁽²⁴⁵⁾ Ms. Lewinsky recalled that she wasadmitted by a tall, slender, Hispanic plainclothes agent on dutynear the door.⁽²⁴⁶⁾

The President told her that he no longer felt right abouttheir intimate relationship, and he had to put a stop to it.⁽²⁴⁷⁾ Ms. Lewinsky was welcome to continue coming to visit him, butonly as a friend. He hugged her but would not kiss her.⁽²⁴⁸⁾ Atone point during their conversation, the President had a callfrom a sugar grower in Florida whose name, according to Ms.Lewinsky, was something like "Fanuli." In Ms. Lewinsky'srecollection, the President may have taken or returned the calljust as she was leaving.⁽²⁴⁹⁾

Ms. Lewinsky's account is corroborated in two respects. First, Nelson U. Garabito, a plainclothes Secret Service agent,testified that, on a weekend or holiday while Ms. Lewinsky workedat the White House (most likely in the early spring of 1996), Ms.Lewinsky appeared in the area of the Oval Office carrying afolder and said, "I have these papers for the President."⁽²⁵⁰⁾ After knocking, Agent Garabito opened the Oval Office door, toldthe President he had a visitor, ushered Ms. Lewinsky in, andclosed the door behind her.⁽²⁵¹⁾ When Agent Garabito's shift endeda few minutes later, Ms. Lewinsky was still in the Oval Office.⁽²⁵²⁾

Second, concerning Ms. Lewinsky's recollection of a callfrom a sugar grower named "Fanuli," the President talked withAlfonso Fanjul of Palm Beach, Florida, from 12:42 to 1:04 p.m.⁽²⁵³⁾ Mr. Fanjul had telephoned a few minutes earlier, at 12:24 p.m.⁽²⁵⁴⁾ The Fanjuls are prominent sugar growers in Florida.⁽²⁵⁵⁾

E. Continuing Contacts

After the break-up on February 19, 1996, according to Ms.Lewinsky, "there continued to sort of be this flirtation . . .when we'd see each other."⁽²⁵⁶⁾ After passing Ms. Lewinsky in ahallway one night in late February or March, the Presidenttelephoned her at home and said he was disappointed that, becauseshe had already left the White House for the evening, they couldnot get together. Ms. Lewinsky testified that the call "sort ofimplied to me that he was interested in starting up again."⁽²⁵⁷⁾ OnMarch 10, 1996, Ms. Lewinsky took a visiting friend, NatalieUngvari, to the White House. They bumped into the President, whosaid to Ms. Ungvari when Ms. Lewinsky introduced them: "You mustbe her friend from California."⁽²⁵⁸⁾ Ms. Ungvari was "shocked" thatthe President knew where she was from.⁽²⁵⁹⁾

Ms. Lewinsky testified that on Friday, March 29, 1996, shewas walking down a hallway when she passed the President, who waswearing the first necktie she had given him. She asked where hehad gotten the tie, and he replied: "Some girl with style gaveit to me."⁽²⁶⁰⁾ Later, he telephoned her at her desk and asked ifshe would like to see a movie. His plan was that she wouldposition herself in the hallway by the White House Theater at acertain time, and he would invite her to join him and a group ofguests as they entered. Ms. Lewinsky responded that she did notwant people to think she was lurking around the West Winguninvited.⁽²⁶¹⁾ She asked if they could arrange a rendezvous overthe weekend instead, and he said he would try.⁽²⁶²⁾ Records confirmthat the President spent the evening of March 29 in the WhiteHouse Theater.⁽²⁶³⁾ Mrs. Clinton was in Athens, Greece.⁽²⁶⁴⁾

F. March 31 Sexual Encounter

On Sunday, March 31, 1996, according to Ms. Lewinsky, sheand the President resumed their sexual contact.⁽²⁶⁵⁾ Ms. Lewinskywas at the White House from 10:21 a.m. to 4:27 p.m. on thatday.⁽²⁶⁶⁾ The President was in the Oval Office from 3:00 to 5:46p.m.⁽²⁶⁷⁾ His only call while in the Oval Office was from 3:06 to3:07 p.m.⁽²⁶⁸⁾ Mrs. Clinton was in Ireland.⁽²⁶⁹⁾

According to Ms. Lewinsky, the President telephoned her ather desk and suggested that she come to the Oval Office on thepretext of delivering papers to him.⁽²⁷⁰⁾ She went to the OvalOffice and was admitted by a plainclothes Secret Service agent.⁽²⁷¹⁾ In her folder was a gift for the President, a Hugo Bossnecktie.⁽²⁷²⁾

In the hallway by the study, the President and Ms. Lewinskykissed. On this occasion, according to Ms. Lewinsky, "he focusedon me pretty exclusively," kissing her bare breasts and fondlingher genitals.⁽²⁷³⁾ At one point, the President inserted a cigarinto Ms. Lewinsky's vagina, then put the cigar in his mouth andsaid: "It tastes good."⁽²⁷⁴⁾ After they were finished, Ms.Lewinsky left the Oval Office and walked through the RoseGarden.⁽²⁷⁵⁾

With White House and Secret Service employees remarking onMs. Lewinsky's frequent presence in the West Wing, a deputy chiefof staff ordered Ms. Lewinsky transferred from the White House tothe Pentagon. On April 7 -- Easter Sunday -- Ms. Lewinsky toldthe President of her dismissal. He promised to bring her backafter the election, and they had a sexual encounter.

A. Earlier Observations of Ms. Lewinsky in the West Wing

Ms. Lewinsky's visits to the Oval Office area had not goneunnoticed. Officer Fox testified that "it was pretty commonlyknown that she did frequent the West Wing on the weekends."⁽²⁷⁶⁾ Another Secret Service uniformed officer, William Ludtke III,once saw her exit from the pantry near the Oval Office; sheseemed startled and possibly embarrassed to be spotted.⁽²⁷⁷⁾ Officer John Muskett testified that "if the President was knownto be coming into the Diplomatic Reception Room, a lot of times[Ms. Lewinsky] just happened to be walking down the corridor, youknow, maybe just to see the President."⁽²⁷⁸⁾ Ms. Lewinskyacknowledged that she tried to position herself to see thePresident.⁽²⁷⁹⁾

Although they could not date them precisely, Secret Serviceofficers and agents testified about several occasions when Ms.Lewinsky and the President were alone in the Oval Office. William C. Bordley, a former member of the PresidentialProtective Detail, testified that in late 1995 or early 1996, hestopped Ms. Lewinsky outside the Oval Office because she did nothave her pass.⁽²⁸⁰⁾ The President opened the Oval Office door,indicated to Agent Bordley that Ms. Lewinsky's presence was allright, and ushered Ms. Lewinsky into the Oval Office.⁽²⁸¹⁾ AgentBordley saw Ms. Lewinsky leave about half an hour later.⁽²⁸²⁾

Another former member of the Presidential Protective Detail,Robert C. Ferguson, testified that one Saturday in winter, thePresident told him that he was expecting "some staffers."⁽²⁸³⁾ Ashort time later, Ms. Lewinsky arrived and said that "[t]hePresident needs me."⁽²⁸⁴⁾ Agent Ferguson announced Ms. Lewinsky andadmitted her to the Oval Office.⁽²⁸⁵⁾ About 10 or 15 minutes later,Agent Ferguson rotated to a post on the Colonnade outside theOval Office.⁽²⁸⁶⁾ He glanced through the window into the OvalOffice and saw the President and Ms. Lewinsky go through the doorleading toward the private study.⁽²⁸⁷⁾

Deeming her frequent visits to the Oval Office area a"nuisance," one Secret Service Officer complained to EvelynLieberman, the Deputy Chief of Staff for Operations.⁽²⁸⁸⁾ Ms.Lieberman was already aware of Ms. Lewinsky. In December 1995,according to Ms. Lewinsky, Ms. Lieberman chided her for being inthe West Wing and told her that interns are not permitted aroundthe Oval Office. Ms. Lewinsky (who had begun her Office ofLegislative Affairs job) told Ms. Lieberman that she was not anintern anymore. After expressing surprise that Ms. Lewinsky hadbeen hired, Ms. Lieberman said she must have Ms. Lewinskyconfused with someone else.⁽²⁸⁹⁾ Ms. Lieberman confirmed that shereprimanded Ms. Lewinsky, whom she considered "what we used tocall a 'clutch' . . . always someplace she shouldn't be."⁽²⁹⁰⁾

In Ms. Lewinsky's view, some White House staff membersseemed to think that she was to blame for the President's evidentinterest in her:

[P]eople were wary of his weaknesses, maybe, and . . . theydidn't want to look at him and think that he could beresponsible for anything, so it had to all be my fault . . .I was stalking him or I was making advances towards him.⁽²⁹²⁾

B. Decision to Transfer Ms. Lewinsky

Ms. Lieberman testified that, because Ms. Lewinsky was sopersistent in her efforts to be near the President, "I decided toget rid of her."⁽²⁹³⁾ First she consulted Chief of Staff Panetta. According to Mr. Panetta, Ms. Lieberman told him about a woman onthe staff who was "spending too much time around the West Wing." Because of "the appearance that it was creating," Ms. Liebermanproposed to move her out of the White House. Mr. Panetta -- whotestified that he valued Ms. Lieberman's role as "a toughdisciplinarian" and "trusted her judgment" -- replied, "Fine."⁽²⁹⁴⁾ Although Ms. Lieberman said she could not recall havingheard any rumors linking the President and Ms. Lewinsky, sheacknowledged that "the President was vulnerable to these kind ofrumors . . . yes, yes, that was one of the reasons" for movingMs. Lewinsky out of the White House.⁽²⁹⁵⁾ Later, in September 1997,Marcia Lewis (Ms. Lewinsky's mother) complained about herdaughter's dismissal to Ms. Lieberman, whom she met at a Voice ofAmerica ceremony. Ms. Lieberman, according to Ms. Lewis,responded by "saying something about Monica being cursed becauseshe's beautiful." Ms. Lewis gathered from the remark that Ms.Lieberman, as part of her effort to protect the President, "wouldwant to have pretty women moved out."⁽²⁹⁶⁾

Most people understood that the principal reason for Ms.Lewinsky's transfer was her habit of hanging around the OvalOffice and the West Wing.⁽²⁹⁷⁾ In a memo in October 1996, JohnHilley, Assistant to the President and Director of LegislativeAffairs, reported that Ms. Lewinsky had been "got[ten] rid of" inpart "because of 'extracurricular activities'" (a phrase, hemaintained in the grand jury, that meant only that Ms. Lewinskywas often absent from her work station).⁽²⁹⁸⁾

White House officials arranged for Ms. Lewinsky to getanother job in the Administration.⁽²⁹⁹⁾ "Our direction is to makesure she has a job in an Agency," Patsy Thomasson wrote in anemail message on April 9, 1996.⁽³⁰⁰⁾ Ms. Thomasson's office(Presidential Personnel) sent Ms. Lewinsky's resume to CharlesDuncan, Special Assistant to the Secretary of Defense and WhiteHouse Liaison, and asked him to find a Pentagon opening forher.⁽³⁰¹⁾ Mr. Duncan was told that, though Ms. Lewinsky hadperformed her duties capably, she was being dismissed for hangingaround the Oval Office too much.⁽³⁰²⁾ According to Mr. Duncan --who had received as many as 40 job referrals per day from theWhite House -- the White House had never given such anexplanation for a transfer.⁽³⁰³⁾

C. Ms. Lewinsky's Notification of Her Transfer

On Friday, April 5, 1996, Timothy Keating, Staff Directorfor Legislative Affairs, informed Ms. Lewinsky that she wouldhave to leave her White House job.⁽³⁰⁴⁾ According to Mr. Keating,he told her that she was not being fired, merely "being given adifferent opportunity." In fact, she could tell people it was apromotion if she cared to do so.⁽³⁰⁵⁾ Upon hearing of herdismissal, Ms. Lewinsky burst into tears and asked if there wasany way for her to stay in the White House, even without pay.⁽³⁰⁶⁾ No, Mr. Keating said. According to Ms. Lewinsky, "He told me Iwas too sexy to be working in the East Wing and that this job atthe Pentagon where I'd be writing press releases was a sexierjob."⁽³⁰⁷⁾

Ms. Lewinsky was devastated. She felt that she was beingtransferred simply because of her relationship with thePresident.⁽³⁰⁸⁾ And she feared that with the loss of her WhiteHouse job, "I was never going to see the President again. Imean, my relationship with him would be over."⁽³⁰⁹⁾

D. Conversations with the President about Her Transfer

1. Easter Telephone Conversations and Sexual Encounter

On Easter Sunday, April 7, 1996, Ms. Lewinsky told thePresident of her dismissal and they had a sexual encounter. Ms.Lewinsky entered the White House at 4:56 and left at 5:28 p.m.⁽³¹⁰⁾ The President was in the Oval Office all afternoon, from 2:21 to7:48 p.m.⁽³¹¹⁾

According to Ms. Lewinsky, the President telephoned her athome that day. After they spoke of the death of the CommerceSecretary the previous week, she told him of her dismissal:

I had asked him . . . if he was doing okay with Ron Brown'sdeath, and then after we talked about that for a little bitI told him that my last day was Monday. And . . . he seemedreally upset and sort of asked me to tell him what hadhappened. So I did and I was crying and I asked him if Icould come see him, and he said that that was fine.⁽³¹²⁾

At the White House, according to Ms. Lewinsky, she told SecretService Officer Muskett that she needed to deliver papers to thePresident.⁽³¹³⁾ Officer Muskett admitted her to the Oval Office,and she and the President proceeded to the private study.⁽³¹⁴⁾

According to Ms. Lewinsky, the President seemed troubledabout her upcoming departure from the White House:

He told me that he thought that my being transferred hadsomething to do with him and that he was upset. He said,"Why do they have to take you away from me? I trust you." And then he told me -- he looked at me and he said, "Ipromise you if I win in November I'll bring you back likethat."⁽³¹⁵⁾

He also indicated that she could have any job she wanted afterthe election.⁽³¹⁶⁾ In addition, the President said he would findout why Ms. Lewinsky was transferred and report back to her.⁽³¹⁷⁾

When asked if he had promised to get Ms. Lewinsky anotherWhite House job, the President told the grand jury:

What I told Ms. Lewinsky was that . . . I would do what Icould to see, if she had a good record at the Pentagon, andshe assured me she was doing a good job and working hard,that I would do my best to see that the fact that she hadbeen sent away from the Legislative Affairs section did notkeep her from getting a job in the White House, and that is,in fact, what I tried to do. . . . But I did not tell her Iwould order someone to hire her, and I never did, and Iwouldn't do that. It wouldn't be right.⁽³¹⁸⁾

Ms. Lewinsky, when asked if the President had said that he wouldbring her back to the White House only if she did a good job atthe Pentagon, responded: "No."⁽³¹⁹⁾

After this Easter Sunday conversation, the President and Ms.Lewinsky had a sexual encounter in the hallway, according to Ms.Lewinsky.⁽³²⁰⁾ She testified that the President touched her breastswith his mouth and hands.⁽³²¹⁾ According to Ms. Lewinsky: "I thinkhe unzipped [his pants] . . . because it was sort of this runningjoke that I could never unbutton his pants, that I just hadtrouble with it."⁽³²²⁾ Ms. Lewinsky performed oral sex. ThePresident did not ejaculate in her presence.⁽³²³⁾

During this encounter, someone called out from the OvalOffice that the President had a phone call.⁽³²⁴⁾ He went back tothe Oval Office for a moment, then took the call in the study. The President indicated that Ms. Lewinsky should perform oral sexwhile he talked on the phone, and she obliged.⁽³²⁵⁾ The telephoneconversation was about politics, and Ms. Lewinsky thought thecaller might be Dick Morris.⁽³²⁶⁾ White House records confirm thatthe President had one telephone call during Ms. Lewinsky's visit: from "Mr. Richard Morris," to whom he talked from 5:11 to 5:20p.m.⁽³²⁷⁾

A second interruption occurred a few minutes later,according to Ms. Lewinsky. She and the President were in thestudy.⁽³²⁸⁾ Ms. Lewinsky testified:

Harold Ickes has a very distinct voice and . . . I heard himholler "Mr. President," and the President looked at me and Ilooked at him and he jetted out into the Oval Office and Ipanicked and . . . thought that maybe because Harold was soclose with the President that they might just wander backthere and the President would assume that I knew to leave.⁽³²⁹⁾

Ms. Lewinsky testified that she exited hurriedly through thedining room door.⁽³³⁰⁾ That evening, the President called and askedMs. Lewinsky why she had run off. "I told him that I didn't knowif he was going to be coming back . . . . [H]e was a littleupset with me that I left."⁽³³¹⁾

In addition to the record of the Dick Morris phone call, thetestimony of Secret Service Officer Muskett corroborates Ms.Lewinsky's account. Officer Muskett was posted near the door tothe Oval Office on Easter Sunday.⁽³³²⁾ He testified that Ms.Lewinsky (whom he knew) arrived at about 4:45 p.m. carrying amanila folder and seeming "a little upset."⁽³³³⁾ She told OfficerMuskett that she needed to deliver documents to the President.⁽³³⁴⁾ Officer Muskett or the plainclothes agent on duty with him openedthe door, and Ms. Lewinsky entered.⁽³³⁵⁾

About 20 to 25 minutes later, according to Officer Muskett,the telephone outside the Oval Office rang. The White Houseoperator said that the President had an important call but he wasnot picking up.⁽³³⁶⁾ The agent working alongside Officer Muskettknocked on the door to the Oval Office. When the President didnot respond, the agent entered. The Oval Office was empty, andthe door leading to the study was slightly ajar.⁽³³⁷⁾ (Ms. Lewinskytestified that the President left the door ajar during theirsexual encounters.⁽³³⁸⁾) The agent called out, "Mr. President?" There was no response. The agent stepped into the Oval Officeand called out more loudly, "Mr. President?" This time there wasa response from the study area, according to Officer Muskett: "Huh?" The agent called out that the President had a phone call,and the President said he would take it.⁽³³⁹⁾

A few minutes later, according to Officer Muskett, Mr. Ickesapproached and said he needed to see President Clinton. OfficerMuskett admitted him through Ms. Currie's office.⁽³⁴⁰⁾ Less than aminute after Mr. Ickes entered Ms. Currie's reception area,according to Officer Muskett, the pantry or dining room doorclosed audibly. Officer Muskett stepped down the hall to checkand saw Ms. Lewinsky walking away briskly.⁽³⁴¹⁾

At 5:30 p.m., two minutes after Ms. Lewinsky left the WhiteHouse, the President called the office of the person who haddecided to transfer Ms. Lewinsky, Evelyn Lieberman.⁽³⁴²⁾

2. April 12-13: Telephone Conversations

Ms. Lewinsky testified that the President telephoned her thefollowing Friday, April 12, 1996, at home. They talked for about20 minutes. According to Ms. Lewinsky, the President said he hadchecked on the reason for her transfer:

[H]e had come to learn . . . that Evelyn Lieberman had sortof spearheaded the transfer, and that she thought he waspaying too much attention to me and I was paying too muchattention to him and that she didn't necessarily care whathappened after the election but everyone needed to becareful before the election.⁽³⁴³⁾

According to Ms. Lewinsky, the President told her to give thePentagon a try, and, if she did not like it, he would get her ajob on the campaign.⁽³⁴⁴⁾

In the grand jury, Ms. Lieberman testified that thePresident asked her directly about Ms. Lewinsky's transfer:

After I had gotten rid of her, when I was in there, duringthe course of a conversation, [President Clinton] said, "Igot a call about --" I don't know if he said her name. Hesaid maybe "-- an intern you fired." And she was evidentlyvery upset about it. He said, "Do you know anything aboutthis?" I said, "Yes." He said, "Who fired her?" I said,"I did." And he said, "Oh, okay."⁽³⁴⁵⁾

According to Ms. Lieberman, the President did not pursue thematter further.⁽³⁴⁶⁾

Three other witnesses confirm that the President knew whyMs. Lewinsky was transferred to the Pentagon. In 1997, thePresident told Chief of Staff Erskine Bowles "that there was ayoung woman -- her name was Monica Lewinsky -- who used to workat the White House; that Evelyn . . . thought she hung around theOval Office too much and transferred her to the Pentagon."⁽³⁴⁷⁾ According to Betty Currie, the President believed that Ms.Lewinsky had been unfairly transferred.⁽³⁴⁸⁾ The President's closefriend, Vernon Jordan, testified that the President said to himin December 1997 that "he knew about [Ms. Lewinsky's] situation,which was that she was pushed out of the White House."⁽³⁴⁹⁾

After Ms. Lewinsky began her Pentagon job on April 16, 1996,she had no further physical contact with the President for theremainder of the year. She and the President spoke by phone (andhad phone sex) but saw each other only at public functions. Ms.Lewinsky grew frustrated after the election because the Presidentdid not bring her back to work at the White House.

A. Pentagon Job

On April 16, 1996, Ms. Lewinsky began working at thePentagon as Confidential Assistant to the Assistant Secretary ofDefense for Public Affairs.⁽³⁵⁰⁾

B. No Physical Contact

According to Ms. Lewinsky, she had no physical contact withthe President for the rest of 1996.⁽³⁵¹⁾ "I wasn't alone with himso when I saw him it was in some sort of event or group setting,"she testified.⁽³⁵²⁾

C. Telephone Conversations

Ms. Lewinsky and the President did talk by telephone,especially in her first weeks at the new job.⁽³⁵³⁾ By Ms.Lewinsky's estimate, the President phoned her (sometimes leavinga message) four or five times in the month after she startedworking at the Pentagon, then two or three times a monththereafter for the rest of 1996.⁽³⁵⁴⁾ During the fall 1996campaign, the President sometimes called from trips when Mrs.Clinton was not accompanying him.⁽³⁵⁵⁾ During at least seven of the1996 calls, Ms. Lewinsky and the President had phone sex.⁽³⁵⁶⁾

According to Ms. Lewinsky, the President telephoned her atabout 6:30 a.m. on July 19, the day he was leaving for the 1996Olympics in Atlanta, and they had phone sex, after which thePresident exclaimed, "[G]ood morning!" and then said: "What away to start a day."⁽³⁵⁷⁾ A call log shows that the Presidentcalled the White House operator at 12:11 a.m. on July 19 andasked for a wake-up call at 7 a.m., then at 6:40 a.m., thePresident called and said he was already up.⁽³⁵⁸⁾ In Ms. Lewinsky'srecollection, she and the President also had phone sex on May 21,July 5 or 6, October 22, and December 2, 1996.⁽³⁵⁹⁾ On those dates,Mrs. Clinton was in Denver (May 21), Prague and Budapest (July 5-6), Las Vegas (October 22), and en route to Bolivia (December2).⁽³⁶⁰⁾

Ms. Lewinsky repeatedly told the President that she dislikedher Pentagon job and wanted to return to the White House.⁽³⁶¹⁾ In arecorded conversation, Ms. Lewinsky recounted one call:

[A] month had passed and -- so he had called one night, andI said, "Well," I said, "I'm really unhappy," you know. And[the President] said, "I don't want to talk about your jobtonight. I'll call you this week, and then we'll talk aboutit. I want to talk about other things" -- which meant phonesex.⁽³⁶²⁾

She expected to talk with him the following weekend, and she was"ready to broach the idea of . . . going to the campaign," but hedid not call.⁽³⁶³⁾

Ms. Lewinsky and the President also talked about theirrelationship. During a phone conversation on September 5,according to Ms. Lewinsky, she told the President that she wantedto have intercourse with him. He responded that he could not doso because of the possible consequences. The two of them argued,and he asked if he should stop calling her. No, she responded.⁽³⁶⁴⁾

D. Public Encounters

During this period, Ms. Lewinsky occasionally saw thePresident in public. She testified:

I'm an insecure person . . . and I was insecure about therelationship at times and thought that he would come toforget me easily and if I hadn't heard from him . . . it wasvery difficult for me . . . . [U]sually when I'd see him,it would kind of prompt him to call me. So I made aneffort. I would go early and stand in the front so I couldsee him . . . .⁽³⁶⁵⁾

On May 2, 1996, Ms. Lewinsky saw the President at a reception forthe Saxophone Club, a political organization.⁽³⁶⁶⁾ On June 14, Ms.Lewinsky and her family attended the taping of the President'sweekly radio address and had photos taken with the President.⁽³⁶⁷⁾ On August 18, Ms. Lewinsky attended the President's 50th birthdayparty at Radio City Music Hall, and she got into a cocktail partyfor major donors where she saw the President.⁽³⁶⁸⁾ According to Ms.Lewinsky, when the President reached past her at the rope line toshake hands with another guest, she reached out and touched hiscrotch in a "playful" fashion.⁽³⁶⁹⁾ On October 23, according to Ms.Lewinsky, she talked with the President at a fundraiser forSenate Democrats.⁽³⁷⁰⁾ The two were photographed together at theevent.⁽³⁷¹⁾ The President was wearing a necktie she had given him,according to Ms. Lewinsky, and she said to him, "Hey, Handsome --I like your tie."⁽³⁷²⁾ The President telephoned her that night. She said she planned to be at the White House on Pentagonbusiness the next day, and he told her to stop by the OvalOffice. At the White House the next day, Ms. Lewinsky did notsee the President because Ms. Lieberman was nearby.⁽³⁷³⁾ OnDecember 17, Ms. Lewinsky attended a holiday reception at theWhite House.⁽³⁷⁴⁾ A photo shows her shaking hands with thePresident.⁽³⁷⁵⁾

E. Ms. Lewinsky's Frustrations

Continuing to believe that her relationship with thePresident was the key to regaining her White House pass, Ms.Lewinsky hoped that the President would get her a job immediatelyafter the election. "I kept a calendar with a countdown untilelection day," she later wrote in an unsent letter to him. Theletter states:

I was so sure that the weekend after the election you wouldcall me to come visit and you would kiss me passionately andtell me you couldn't wait to have me back. You'd ask mewhere I wanted to work and say something akin to "Considerit done" and it would be. Instead I didn't hear from youfor weeks and subsequently your phone calls became lessfrequent.⁽³⁷⁶⁾

Ms. Lewinsky grew increasingly frustrated over herrelationship with President Clinton.⁽³⁷⁷⁾ One friend understoodthat Ms. Lewinsky complained to the President about not havingseen each other privately for months, and he replied, "Every daycan't be sunshine."⁽³⁷⁸⁾ In email to another friend in early 1997,Ms. Lewinsky wrote: "I just don't understand what went wrong,what happened? How could he do this to me? Why did he keep upcontact with me for so long and now nothing, now when we could betogether?"⁽³⁷⁹⁾

In 1997, President Clinton and Ms. Lewinsky had furtherprivate meetings, which now were arranged by Betty Currie, thePresident's secretary. After the taping of the President'sweekly radio address on February 28, the President and Ms.Lewinsky had a sexual encounter. On March 24, they had whatproved to be their final sexual encounter. Throughout thisperiod, Ms. Lewinsky continued to press for a job at the WhiteHouse, to no avail.

A. Resumption of Meetings with the President

1. Role of Betty Currie

a. Arranging Meetings

In 1997, with the presidential election past, Ms. Lewinskyand the President resumed their one-on-one meetings and sexualencounters. The President's secretary, Betty Currie, acted asintermediary.

According to Ms. Currie, Ms. Lewinsky would often call herand say she wanted to see the President, sometimes to discuss aparticular topic.⁽³⁸⁰⁾ Ms. Currie would ask President Clinton, and,if he agreed, arrange the meeting.⁽³⁸¹⁾ Ms. Currie also said it was"not unusual" that Ms. Lewinsky would talk by phone with thePresident and then call Ms. Currie to set up a meeting.⁽³⁸²⁾ Attimes, Ms. Currie placed calls to Ms. Lewinsky for PresidentClinton and put him on the line.⁽³⁸³⁾

The meetings between the President and Ms. Lewinsky oftenoccurred on weekends.⁽³⁸⁴⁾ When Ms. Lewinsky would arrive at theWhite House, Ms. Currie generally would be the one to authorizeher entry and take her to the West Wing.⁽³⁸⁵⁾ Ms. Currieacknowledged that she sometimes would come to the White House forthe sole purpose of having Ms. Lewinsky admitted and bringing herto see the President.⁽³⁸⁶⁾ According to Ms. Currie, Ms. Lewinskyand the President were alone together in the Oval Office or thestudy for 15 to 20 minutes on multiple occasions.⁽³⁸⁷⁾

Secret Service officers and agents took note of Ms. Currie'srole. Officer Steven Pape once observed Ms. Currie come to theWhite House for the duration of Ms. Lewinsky's visit, thenleave.⁽³⁸⁸⁾ When calling to alert the officer at the West Winglobby that Ms. Lewinsky was en route, Ms. Currie would sometimessay, "[Y]ou know who it is."⁽³⁸⁹⁾ On one occasion, Ms. Currieinstructed Officer Brent Chinery to hold Ms. Lewinsky at thelobby for a few minutes because she needed to move the Presidentto the study.⁽³⁹⁰⁾ On another occasion, Ms. Currie told OfficerChinery to have Ms. Lewinsky held at the gate for 30 to 40minutes because the President already had a visitor.⁽³⁹¹⁾

Ms. Lewinsky testified that she once asked the President whyMs. Currie had to clear her in, and why he could not do sohimself. "[H]e said because if someone comes to see him, there'sa list circulated among the staff members and then everyone wouldbe questioning why I was there to see him."⁽³⁹²⁾

b. Intermediary for Gifts

Ms. Lewinsky also sent over a number of packages -- six oreight, Ms. Currie estimated.⁽³⁹³⁾ According to Ms. Currie, Ms.Lewinsky would call and say she was sending something for thePresident.⁽³⁹⁴⁾ The package would arrive addressed to Ms. Currie.⁽³⁹⁵⁾ Courier receipts show that Ms. Lewinsky sent seven packages tothe White House between October 7 and December 8, 1997.⁽³⁹⁶⁾ Evidence indicates that Ms. Lewinsky on occasion also droppedparcels off with Ms. Currie or had a family member do so,⁽³⁹⁷⁾ andbrought gifts to the President when visiting him.⁽³⁹⁸⁾ Ms. Currietestified that most packages from Ms. Lewinsky were intended forthe President.⁽³⁹⁹⁾

Although Ms. Currie generally opened letters and parcels tothe President, she did not open these packages from Ms.Lewinsky.⁽⁴⁰⁰⁾ She testified that "I made the determination not toopen" such letters and packages because "I felt [they were]probably personal."⁽⁴⁰¹⁾ Instead, she would leave the package inthe President's box, and "[h]e would pick it up."⁽⁴⁰²⁾ To the bestof her knowledge, such parcels always reached the President.⁽⁴⁰³⁾

c. Secrecy

Ms. Currie testified that she suspected impropriety in thePresident's relationship with Ms. Lewinsky.⁽⁴⁰⁴⁾ She told the grandjury that she "had concern." In her words: "[H]e was spending alot of time with a 24-year-old young lady. I know he has saidthat young people keep him involved in what's happening in theworld, so I knew that was one reason, but there was a concern ofmine that she was spending more time than most."⁽⁴⁰⁵⁾ Ms. Currieunderstood that "the majority" of the President's meetings withMs. Lewinsky were "more personal in nature as opposed tobusiness."⁽⁴⁰⁶⁾

Ms. Currie also testified that she tried to avoid learningdetails of the relationship between the President and Ms.Lewinsky. On one occasion, Ms. Lewinsky said of herself and thePresident, "As long as no one saw us -- and no one did -- thennothing happened." Ms. Currie responded: "Don't want to hearit. Don't say any more. I don't want to hear any more."⁽⁴⁰⁷⁾

Ms. Currie helped keep the relationship secret. When thePresident wanted to talk with Ms. Lewinsky, Ms. Currie would dialthe call herself rather than go through White House operators,who keep logs of presidential calls made through theswitchboard.⁽⁴⁰⁸⁾ When Ms. Lewinsky phoned and Ms. Currie put thePresident on the line, she did not log the call, though thestandard procedure was to note all calls, personal andprofessional.⁽⁴⁰⁹⁾ According to Secret Service uniformed officers,Ms. Currie sometimes tried to persuade them to admit Ms. Lewinskyto the White House compound without making a record of it.⁽⁴¹⁰⁾

In addition, Ms. Currie avoided writing down or retainingmost messages from Ms. Lewinsky to the President. In response toa grand jury subpoena, the White House turned over only one noteto the President concerning Ms. Lewinsky -- whereas evidenceindicates that Ms. Lewinsky used Ms. Currie to convey requestsand messages to the President on many occasions.⁽⁴¹¹⁾

When bringing Ms. Lewinsky in from the White House gate, Ms.Currie said she sometimes chose a path that would reduce thelikelihood of being seen by two White House employees whodisapproved of Ms. Lewinsky: Stephen Goodin and NancyHernreich.⁽⁴¹²⁾ Ms. Currie testified that she once brought Ms.Lewinsky directly to the study, "sneaking her back" via aroundabout path to avoid running into Mr. Goodin.⁽⁴¹³⁾ When Ms.Lewinsky visited the White House on weekends and at night, beingspotted was not a problem -- in Ms. Currie's words, "there wouldbe no need to sneak" -- so Ms. Lewinsky would await the Presidentin Ms. Currie's office.⁽⁴¹⁴⁾

According to Ms. Lewinsky, she once expressed concern aboutrecords showing the President's calls to her, and Ms. Currie toldher not to worry.⁽⁴¹⁵⁾ Ms. Lewinsky also suspected that Ms. Curriewas not logging in all of her gifts to the President.⁽⁴¹⁶⁾ In Ms.Lewinsky's evaluation, many White House staff members tried toregulate the President's behavior, but Ms. Currie generally didas he wished.⁽⁴¹⁷⁾

2. Observations by Secret Service Officers

Officers of the Secret Service Uniformed Division noted Ms.Lewinsky's 1997 visits to the White House. From radio trafficabout the President's movements, several officers observed thatthe President often would head for the Oval Office within minutesof Ms. Lewinsky's entry to the complex, especially on weekends,and some noted that he would return to the Residence a short timeafter her departure.⁽⁴¹⁸⁾ "It was just like clockwork," accordingto one officer.⁽⁴¹⁹⁾ Concerned about the President's reputation,another officer suggested putting Ms. Lewinsky on a list ofpeople who were not to be admitted to the White House. Acommander responded that it was none of their business whom thePresident chose to see, and, in any event, nobody would ever findout about Ms. Lewinsky.⁽⁴²⁰⁾

B. Valentine's Day Advertisement

On February 14, 1997, the Washington Post published aValentine's Day "Love Note" that Ms. Lewinsky had placed. The adsaid:

HANDSOME

With love's light wings did

I o'er perch these walls

For stony limits cannot hold love out,

And what love can do that dares love attempt.

-- Romeo and Juliet 2:2

Happy Valentine's Day.

M⁽⁴²¹⁾

C. February 24 Message

On February 24, Ms. Lewinsky visited the White House onPentagon business.⁽⁴²²⁾ She went by Ms. Currie's office.⁽⁴²³⁾ Ms.Currie sent a note to the President -- the only such note turnedover by the White House in response to a grand jury subpoena: "Monica Lewinsky stopped by. Do you want me to call her?"⁽⁴²⁴⁾

D. February 28 Sexual Encounter

According to Ms. Lewinsky, she and the President had asexual encounter on Thursday, February 28 -- their first innearly 11 months. White House records show that Ms. Lewinskyattended the taping of the President's weekly radio address onFebruary 28.⁽⁴²⁵⁾ She was at the White House from 5:48 to 7:07p.m.⁽⁴²⁶⁾ The President was in the Roosevelt Room (where the radioaddress was taped) from 6:29 to 6:36 p.m., then moved to the OvalOffice, where he remained until 7:24 p.m.⁽⁴²⁷⁾ He had no telephonecalls while Ms. Lewinsky was in the White House.⁽⁴²⁸⁾

Wearing a navy blue dress from the Gap, Ms. Lewinskyattended the radio address at the President's invitation (relayedby Ms. Currie), then had her photo taken with the President.⁽⁴²⁹⁾ Ms. Lewinsky had not been alone with the President since she hadworked at the White House, and, she testified, "I was reallynervous."⁽⁴³⁰⁾ President Clinton told her to see Ms. Currie afterthe photo was taken because he wanted to give her something.⁽⁴³¹⁾ "So I waited a little while for him and then Betty and thePresident and I went into the back office," Ms. Lewinskytestified.⁽⁴³²⁾ (She later learned that the reason Ms. Currieaccompanied them was that Stephen Goodin did not want thePresident to be alone with Ms. Lewinsky, a view that Mr. Goodinexpressed to the President and Ms. Currie.⁽⁴³³⁾) Once they hadpassed from the Oval Office toward the private study, Ms. Curriesaid, "I'll be right back," and walked on to the back pantry orthe dining room, where, according to Ms. Currie, she waited for15 to 20 minutes while the President and Ms. Lewinsky were in thestudy.⁽⁴³⁴⁾ Ms. Currie (who said she acted on her own initiative)testified that she accompanied the President and Ms. Lewinsky outof the Oval Office because "I didn't want any perceptions, himbeing alone with someone."⁽⁴³⁵⁾

In the study, according to Ms. Lewinsky, the President"started to say something to me and I was pestering him to kissme, because . . . it had been a long time since we had beenalone."⁽⁴³⁶⁾ The President told her to wait a moment, as he hadpresents for her.⁽⁴³⁷⁾ As belated Christmas gifts, he gave her ahat pin and a special edition of Walt Whitman's Leaves ofGrass.⁽⁴³⁸⁾

Ms. Lewinsky described the Whitman book as "the mostsentimental gift he had given me . . . it's beautiful and itmeant a lot to me."⁽⁴³⁹⁾ During this visit, according to Ms.Lewinsky, the President said he had seen her Valentine's Daymessage in the Washington Post, and he talked about his fondnessfor "Romeo and Juliet."⁽⁴⁴⁰⁾

Ms. Lewinsky testified that after the President gave her thegifts, they had a sexual encounter:

[W]e went back over by the bathroom in the hallway, andwe kissed. We were kissing and he unbuttoned my dress andfondled my breasts with my bra on, and then took them out ofmy bra and was kissing them and touching them with his handsand with his mouth.

And then I think I was touching him in his genital areathrough his pants, and I think I unbuttoned his shirt andwas kissing his chest. And then . . . I wanted to performoral sex on him . . . and so I did. And then . . . I thinkhe heard something, or he heard someone in the office. So,we moved into the bathroom.

And I continued to perform oral sex and then he pushedme away, kind of as he always did before he came, and then Istood up and I said . . . I care about you so much; . . . Idon't understand why you won't let me . . . make you come;it's important to me; I mean, it just doesn't feel complete,it doesn't seem right.⁽⁴⁴¹⁾

Ms. Lewinsky testified that she and the President hugged, and "hesaid he didn't want to get addicted to me, and he didn't want meto get addicted to him." They looked at each other for amoment.⁽⁴⁴²⁾ Then, saying that "I don't want to disappoint you,"the President consented.⁽⁴⁴³⁾ For the first time, she performedoral sex through completion.⁽⁴⁴⁴⁾

When Ms. Lewinsky next took the navy blue Gap dress from hercloset to wear it, she noticed stains near one hip and on thechest.⁽⁴⁴⁵⁾ FBI Laboratory tests revealed that the stains are thePresident's semen.⁽⁴⁴⁶⁾

In his grand jury testimony, the President -- who, becausethe OIC had asked him for a blood sample (and had representedthat it had ample evidentiary justification for making such arequest), had reason to suspect that Ms. Lewinsky's dress mightbear traces of his semen -- indicated that he and Ms. Lewinskyhad had sexual contact on the day of the radio address. Hetestified:

I was sick after it was over and I, I was pleased at thattime that it had been nearly a year since any inappropriatecontact had occurred with Ms. Lewinsky. I promised myselfit wasn't going to happen again. The facts are complicatedabout what did happen and how it happened. But,nonetheless, I'm responsible for it.⁽⁴⁴⁷⁾

Later the President added, referring to the evening of the radioaddress: "I do believe that I was alone with her from 15 to 20minutes. I do believe that things happened then which wereinappropriate."⁽⁴⁴⁸⁾ He said of the intimate relationship with Ms.Lewinsky: "I never should have started it, and I certainlyshouldn't have started it back after I resolved not to in1996."⁽⁴⁴⁹⁾

E. March 29 Sexual Encounter

According to Ms. Lewinsky, she had what proved to be herfinal sexual encounter with the President on Saturday, March 29,1997. Records show that she was at the White House from 2:03 to3:16 p.m., admitted by Ms. Currie.⁽⁴⁵⁰⁾ The President was in theOval Office during this period (he left shortly after Ms.Lewinsky did, at 3:24 p.m.), and he did not have any phone callsduring her White House visit.⁽⁴⁵¹⁾

According to Ms. Lewinsky, Ms. Currie arranged the meetingafter the President said by telephone that he had somethingimportant to tell her. At the White House, Ms. Currie took herto the study to await the President. He came in on crutches, theresult of a knee injury in Florida two weeks earlier.⁽⁴⁵²⁾

According to Ms. Lewinsky, their sexual encounter began witha sudden kiss: "[T]his was another one of those occasions when Iwas babbling on about something, and he just kissed me, kind ofto shut me up, I think."⁽⁴⁵³⁾ The President unbuttoned her blouseand touched her breasts without removing her bra.⁽⁴⁵⁴⁾ "[H]e wentto go put his hand down my pants, and then I unzipped thembecause it was easier. And I didn't have any panties on. And sohe manually stimulated me."⁽⁴⁵⁵⁾ According to Ms. Lewinsky, "Iwanted him to touch my genitals with his genitals," and he didso, lightly and without penetration.⁽⁴⁵⁶⁾ Then Ms. Lewinskyperformed oral sex on him, again until he ejaculated.⁽⁴⁵⁷⁾

According to Ms. Lewinsky, she and the President had alengthy conversation that day. He told her that he suspectedthat a foreign embassy (he did not specify which one) was tappinghis telephones, and he proposed cover stories. If everquestioned, she should say that the two of them were justfriends. If anyone ever asked about their phone sex, she shouldsay that they knew their calls were being monitored all along,and the phone sex was just a put-on.⁽⁴⁵⁸⁾

In his grand jury testimony, the President implicitly deniedthis encounter. He acknowledged "inappropriate intimate contact"with Ms. Lewinsky "on certain occasions in early 1996 and once inearly 1997."⁽⁴⁵⁹⁾ The President indicated that "the one occasion in1997" was the radio address.⁽⁴⁶⁰⁾

F. Continuing Job Efforts

With the 1996 election past, meanwhile, Ms. Lewinsky hadcontinued striving to get a job at the White House. Shetestified that she first broached the issue in a telephone callwith the President in January 1997, and he said he would speak toBob Nash, Director of Presidential Personnel.⁽⁴⁶¹⁾ She understoodthat Mr. Nash was supposed to "find a position for me to comeback to the White House."⁽⁴⁶²⁾

Over the months that followed, Ms. Lewinsky repeatedly askedthe President to get her a White House job. In her recollection,the President replied that various staff members were working onit, including Mr. Nash and Marsha Scott, Deputy Assistant to thePresident and Deputy Director for Presidential Personnel.⁽⁴⁶³⁾ According to Ms. Lewinsky, the President told her:

"Bob Nash is handling it," "Marsha's going to handle it" and"We just sort of need to be careful." You know, and . . .he would always sort of . . . validate what I was feeling bytelling me something that I don't necessarily know is true. "Oh, I'll talk to her," "I'll -- you know, I'll see blah,blah, blah," and it was just "I'll do," "I'll do," "I'lldo." And didn't, didn't, didn't.⁽⁴⁶⁴⁾

Ms. Lewinsky came to wonder if she was being "strung along."⁽⁴⁶⁵⁾

Testifying before the grand jury, the President acknowledgedthat Ms. Lewinsky had complained to him about her job situation:

You know, she tried for months and months to get a job backin the White House, not so much in the West Wing butsomewhere in the White House complex, including the OldExecutive Office Building. . . . She very much wanted tocome back. And she interviewed for some jobs but never gotone. She was, from time to time, upset about it.⁽⁴⁶⁶⁾

In May 1997, amid indications that Ms. Lewinsky had beenindiscreet, President Clinton terminated the sexual relationship.

A. Questions about Ms. Lewinsky's Discretion

In April or May 1997, according to Ms. Lewinsky, thePresident asked if she had told her mother about their intimaterelationship. She responded: "No. Of course not."⁽⁴⁶⁸⁾ (Intruth, she had told her mother.⁽⁴⁶⁹⁾) The President indicated thatMs. Lewinsky's mother possibly had said something about thenature of the relationship to Walter Kaye, who had mentioned itto Marsha Scott, who in turn had alerted the President.⁽⁴⁷⁰⁾

Corroborating Ms. Lewinsky's account, Mr. Kaye testifiedthat he told Ms. Lewinsky's aunt, Debra Finerman, that heunderstood that "her niece was very aggressive," a remark thatangered Ms. Finerman. Ms. Finerman told Mr. Kaye that thePresident was the true aggressor: He was telephoning Ms.Lewinsky late at night. Ms. Finerman, in Mr. Kaye'srecollection, attributed this information to Marcia Lewis, Ms.Lewinsky's mother (and Ms. Finerman's sister). Mr. Kaye -- whohad disbelieved stories he had heard from Democratic NationalCommittee people about an affair between Ms. Lewinsky and thePresident -- testified that he was "shocked" to hear of the late-night phone calls.⁽⁴⁷¹⁾

B. May 24: Break-up

On Saturday, May 24, 1997, according to Ms. Lewinsky, thePresident ended their intimate relationship. Ms. Lewinsky was atthe White House that day from 12:21 to 1:54 p.m.⁽⁴⁷²⁾ The Presidentwas in the Oval Office during most of this period, from 11:59a.m. to 1:47 p.m.⁽⁴⁷³⁾ He did not have any telephone calls.⁽⁴⁷⁴⁾

According to Ms. Lewinsky, she got a call from Ms. Currie atabout 11 a.m. that day, inviting her to come to the White Houseat about 1 p.m. Ms. Lewinsky arrived wearing a straw hat withthe hat pin the President had given her, and bringing gifts forhim, including a puzzle and a Banana Republic shirt. She gavehim the gifts in the dining room, and they moved to the area ofthe study.⁽⁴⁷⁵⁾

According to Ms. Lewinsky, the President explained that theyhad to end their intimate relationship.⁽⁴⁷⁶⁾ Earlier in hismarriage, he told her, he had had hundreds of affairs; but sinceturning 40, he had made a concerted effort to be faithful.⁽⁴⁷⁷⁾ Hesaid he was attracted to Ms. Lewinsky, considered her a greatperson, and hoped they would remain friends. He pointed out thathe could do a great deal for her. The situation, he stressed,was not Ms. Lewinsky's fault.⁽⁴⁷⁸⁾ Ms. Lewinsky, weeping, tried topersuade the President not to end the sexual relationship, but hewas unyielding, then and subsequently.⁽⁴⁷⁹⁾ Although she and thePresident kissed and hugged thereafter, according to Ms.Lewinsky, the sexual relationship was over.⁽⁴⁸⁰⁾

Three days after this meeting, on May 27, 1997, the SupremeCourt unanimously rejected President Clinton's claim that theConstitution immunized him from civil lawsuits. The Courtordered the sexual harassment case Jones v. Clinton to proceed.⁽⁴⁸¹⁾

Ms. Lewinsky tried to return to the White House staff and torevive her sexual relationship with the President, but she failedat both.

A. Continuing Job Efforts

Although Ms. Lewinsky was not offered another White Housejob, some testimony indicates that the President tried to get herone.

According to Betty Currie, the President instructed her andMarsha Scott to help Ms. Lewinsky find a White House job.⁽⁴⁸²⁾ Ms.Currie testified that she resisted the request, because heropinion of Ms. Lewinsky had shifted over time. At first, shetestified, she considered Ms. Lewinsky "a friend" who "had beenwronged" and had been "maligned improperly."⁽⁴⁸³⁾ But "[l]ater on,I considered her as a pain in the neck, more or less."⁽⁴⁸⁴⁾ Thechange of heart resulted in part from Ms. Currie's many phonecalls in 1997 from Ms. Lewinsky, who was often distraught andsometimes in tears over her inability to get in touch with thePresident.⁽⁴⁸⁵⁾ Deeming her "a little bit pushy," Ms. Currie arguedagainst bringing Ms. Lewinsky back to work at the White House,but the President told her and Ms. Scott, in Ms. Currie's words,"to still pursue her coming back."⁽⁴⁸⁶⁾ Indeed, according to Ms.Currie, the President "was pushing us hard" on the matter.⁽⁴⁸⁷⁾ Tothe best of Ms. Currie's recollection, it was the only time thePresident instructed her to try to get someone a White Housejob.⁽⁴⁸⁸⁾

According to Ms. Lewinsky, the President told her to talkwith Ms. Scott about a White House job in spring 1997.⁽⁴⁸⁹⁾ On June16, she met with Ms. Scott.⁽⁴⁹⁰⁾ The meeting did not go as Ms.Lewinsky anticipated. She later recounted in an email message:

There is most certainly a disconnect on what [the President]said he told her and how she acted. She didn't even knowwhat my title or my job was . . . . She didn't have any jobopenings to offer. Instead, she made me go over whathappened when I had to leave (who told me), and thenproceeded to confirm the Evelyn [Lieberman] story about my"inappropriate behavior." Then she asked me: with suchnasty women there and people gossiping about me, why did Iwant to come back? I was so upset. I really did not feelit was her place to question me about that. Later on, Isaid something about being told I could come back afterNovember and she wanted to know who told me that! So I haveplaced a call to him but I don't know what is going tohappen.

Ms. Lewinsky added that she was inclined "to walk away from itall," but acknowledged that "I'm always saying this and then Ichange my mind."⁽⁴⁹¹⁾

Though she characterized her recollection as "all jumbled,"Ms. Scott corroborated much of Ms. Lewinsky's account.⁽⁴⁹²⁾ Ms.Scott said that at some point she did ask Ms. Lewinsky why shewanted to return to the White House.⁽⁴⁹³⁾ Ms. Scott also said thatshe was unaware of Ms. Lewinsky's job title before theirmeeting.⁽⁴⁹⁴⁾

Over the next three weeks, Ms. Lewinsky tried repeatedly,without success, to talk with the President about her job quest. In a draft of a letter to Ms. Currie, she wrote that thePresident "said to me that he had told [Ms. Scott] I had gotten abum deal, and I should get a good job in the West Wing," but Ms.Scott did not seem eager to arrange for Ms. Lewinsky's return. Ms. Lewinsky wrote:

I was surprised that she would question his judgment and notjust do what he asked of her. Is it possible that, in fact,he did not tell her that? Does he really not want me backin the complex? He has not responded to my note, nor has hecalled me. Do you know what is going on? If so, are youable to share it with me?⁽⁴⁹⁵⁾

Ms. Currie testified to "a vague recollection" of having seenthis letter.⁽⁴⁹⁶⁾

On June 29, 1997, Ms. Lewinsky wrote several notes. In adraft letter to Ms. Scott, Ms. Lewinsky wrote that "our lastconversation was very upsetting to me," and added:

Marsha, I was told that I could come back after theelection. I knew why I had to leave last year by mid-April,and I have been beyond patient since then. I do not thinkit is fair to . . . be told by the person whom I was toldwould get me a job that there is nothing for me and shedoesn't really hear about positions [in] the complex anyway. I know that in your eyes I am just a hindrance -- a womanwho doesn't have a certain someone's best interests atheart, but please trust me when I say I do.⁽⁴⁹⁷⁾

Ms.