There is Substantial and Credible Information that
President Clinton Committed Acts that
May Constitute Grounds for an Impeachment
Pursuant to Section 595(c) of Title 28, the Office of Independent
Counsel (OIC) hereby submits substantial and credible information that
President Clinton obstructed justice during the Jones v. Clinton
sexual harassment lawsuit by lying under oath and concealing evidence of
his relationship with a young White House intern and federal employee,
Monica Lewinsky. After a federal criminal investigation of the President's
actions began in January 1998, the President lied under oath to the grand
jury and obstructed justice during the grand jury investigation. There
also is substantial and credible information that the President's actions
with respect to Monica Lewinsky constitute an abuse of authority
inconsistent with the President's constitutional duty to faithfully
execute the laws.
There is substantial and credible information supporting the following
eleven possible grounds for impeachment:
1. President Clinton lied under oath in his civil case when he denied a
sexual affair, a sexual relationship, or sexual relations with Monica
2. President Clinton lied under oath to the grand jury about his sexual
relationship with Ms. Lewinsky.
3. In his civil deposition, to support his false statement about the
sexual relationship, President Clinton also lied under oath about being
alone with Ms. Lewinsky and about the many gifts exchanged between
Ms. Lewinsky and him.
4. President Clinton lied under oath in his civil deposition about his
discussions with Ms. Lewinsky concerning her involvement in the Jones
5. During the Jones case, the President obstructed justice and
had an understanding with Ms. Lewinsky to jointly conceal the truth about
their relationship by concealing gifts subpoenaed by Ms. Jones's
6. During the Jones case, the President obstructed justice and
had an understanding with Ms. Lewinsky to jointly conceal the truth
of their relationship from the judicial process by a scheme that included
the following means: (i) Both the President and Ms. Lewinsky
understood that they would lie under oath in the Jones case about
their sexual relationship; (ii) the President suggested to Ms. Lewinsky
that she prepare an affidavit that, for the President's purposes, would
memorialize her testimony under oath and could be used to prevent
questioning of both of them about their relationship; (iii) Ms. Lewinsky
signed and filed the false affidavit; (iv) the President used Ms. Lewinsky's
false affidavit at his deposition in an attempt to head off questions
about Ms. Lewinsky; and (v) when that failed, the President lied
under oath at his civil deposition about the relationship with Ms. Lewinsky.
7. President Clinton endeavored to obstruct justice by helping Ms. Lewinsky
obtain a job in New York at a time when she would have been a witness
harmful to him were she to tell the truth in the Jones case.
8. President Clinton lied under oath in his civil deposition about his
discussions with Vernon Jordan concerning Ms. Lewinsky's involvement
in the Jones case.
9. The President improperly tampered with a potential witness by
attempting to corruptly influence the testimony of his personal secretary,
Betty Currie, in the days after his civil deposition.
10. President Clinton endeavored to obstruct justice during the grand
jury investigation by refusing to testify for seven months and
lying to senior White House aides with knowledge that they would relay the
President's false statements to the grand jury -- and did thereby deceive,
obstruct, and impede the grand jury.
11. President Clinton abused his constitutional authority by (i) lying
to the public and the Congress in January 1998 about his relationship with
Ms. Lewinsky; (ii) promising at that time to cooperate fully
with the grand jury investigation; (iii) later refusing six
invitations to testify voluntarily to the grand jury; (iv) invoking
Executive Privilege; (v) lying to the grand jury in August 1998; and
(vi) lying again to the public and Congress on August 17, 1998 -- all
as part of an effort to hinder, impede, and deflect possible inquiry by
the Congress of the United States.
The first two possible grounds for impeachment concern the President's
lying under oath about the nature of his relationship with Ms. Lewinsky.
The details associated with those grounds are, by their nature, explicit.
The President's testimony unfortunately has rendered the details essential
with respect to those two grounds, as will be explained in those grounds.
I. There is substantial and credible information
that President Clinton lied under oath as a defendant in Jones v.
Clinton regarding his sexual relationship with Monica Lewinsky.
(1) He denied that he had a "sexual
relationship" with Monica Lewinsky.
(2) He denied that he had a "sexual affair"
with Monica Lewinsky.
(3) He denied that he had "sexual relations"
with Monica Lewinsky.
(4) He denied that he engaged in or caused
contact with the genitalia of "any person" with an intent to
arouse or gratify (oral sex performed on him by Ms. Lewinsky).
(5) He denied that he made contact with Monica
Lewinsky's breasts or genitalia with an intent to arouse or gratify.
On May 6, 1994, former Arkansas state employee Paula Corbin Jones filed
a federal civil rights lawsuit against President Clinton claiming that he
had sexually harassed her on May 8, 1991, by requesting her to perform
oral sex on him in a suite at the Excelsior Hotel in Little Rock.
Throughout the pretrial discovery process in Jones v. Clinton,
United States District Judge Susan Webber Wright ruled, over the
President's objections, that Ms. Jones's lawyers could seek various
categories of information, including information about women who had
worked as government employees under Governor or President Clinton and
allegedly had sexual activity with him. Judge Wright's rulings followed
the prevailing law in sexual harassment cases: The defendant's sexual
relationships with others in the workplace, including consensual
relationships, are a standard subject of inquiry during the discovery
process. Judge Wright recognized the commonplace nature of her discovery
rulings and stated that she was following a "meticulous standard of
materiality" in allowing such questioning.
At a hearing on January 12, 1998, Judge Wright required Ms. Jones
to list potential trial witnesses. Ms. Jones's list included several "Jane
Does."(1) Ms. Jones's attorneys
said they intended to call a Jane Doe named Monica Lewinsky as a witness
to support Ms. Jones's claims. Under Ms. Jones's legal theory,
women who had sexual relationships with the President received job
benefits because of the sexual relationship, but women who resisted the
President's sexual advances were denied such benefits.(2)
On January 17, 1998, Ms. Jones's lawyers deposed President Clinton
under oath with Judge Wright present and presiding over the deposition.
Federal law requires a witness testifying under oath to provide truthful
answers. The intentional failure to provide truthful answers is a crime
punishable by imprisonment
and fine.(3) At the outset of his
deposition, the President took an oath administered by Judge Wright: "Do
you swear or affirm . . . that the testimony you are about to
give in the matter before the court is the truth, the whole truth, and
nothing but the truth, so help you God?" The President replied: "I
do."(4) At the beginning of their
questioning, Ms. Jones's attorneys asked the President: "And
your testimony is subject to the penalty of perjury; do you understand
that, sir?" The President responded, "I do."(5)
Based on the witness list received in December 1997 (which included Ms.
Lewinsky) and the January 12, 1998, hearing, the President and his
attorneys were aware that Ms. Jones's attorneys likely would question
the President at his deposition about Ms. Lewinsky and the other "Jane
Does." In fact, the attorneys for Ms. Jones did ask numerous
questions about "Jane Does," including Ms. Lewinsky.
There is substantial and credible information that President Clinton
lied under oath in answering those questions.
A. Evidence that President Clinton Lied Under
Oath During the Civil Case
1. President Clinton's Statements Under Oath
About Monica Lewinsky
During pretrial discovery, Paula Jones's attorneys served the President
with written interrogatories.(6) One
stated in relevant part:
Please state the name, address, and telephone number of each and every
[federal employee] with whom you had sexual relations when you [were] . . .
President of the United States.(7)
The interrogatory did not define the term "sexual relations."
Judge Wright ordered the President to answer the interrogatory, and on
December 23, 1997, under penalty of perjury, President Clinton answered "None."(8)
At the January 17, 1998, deposition of the President, Ms. Jones's
attorneys asked the President specific questions about possible sexual
activity with Monica Lewinsky. The attorneys used various terms in their
questions, including "sexual affair," "sexual relationship,"
and "sexual relations." The terms "sexual affair" and "sexual
relationship" were not specially defined by Ms. Jones's
attorneys. The term "sexual relations" was defined:
For the purposes of this deposition, a person engages in "sexual
relations" when the person knowingly engages in or causes . . .
contact with the genitalia, anus, groin, breast, inner thigh, or buttocks
of any person with an intent to arouse or gratify the sexual desire of any
person. . . . "Contact" means intentional
touching, either directly or through clothing.(9)
President Clinton answered a series of questions about Ms. Lewinsky,
Q: Did you have an extramarital sexual affair with Monica Lewinsky?
Q: If she told someone that she had a sexual affair with you beginning
in November of 1995, would that be a lie?
WJC: It's certainly not the truth. It would not be the truth.
Q: I think I used the term "sexual affair." And so the record
is completely clear, have you ever had sexual relations with Monica
Lewinsky, as that term is defined in Deposition Exhibit 1, as modified by
I object because I don't know that he can remember --
Well, it's real short. He can -- I will permit the question and you may
show the witness definition number one.
WJC: I have never had sexual relations with Monica Lewinsky. I've
never had an affair with her.(11)
President Clinton reiterated his denial under questioning by his own
Q: In paragraph eight of [Ms. Lewinsky's] affidavit, she says
this, "I have never had a sexual relationship with the President, he
did not propose that we have a sexual relationship, he did not offer me
employment or other benefits in exchange for a sexual relationship, he did
not deny me employment or other benefits for rejecting a sexual
relationship." Is that a true and accurate statement as far as you
WJC: That is absolutely true.(12)
2. Monica Lewinsky's Testimony
Monica Lewinsky testified under oath before the grand jury that,
beginning in November 1995, when she was a 22-year-old White House intern,
she had a lengthy relationship with the President that included
substantial sexual activity. She testified in detail about the times,
dates, and nature of ten sexual encounters that involved some form of
genital contact. As explained in the Narrative section of this Referral,
White House records corroborate Ms. Lewinsky's testimony in that the
President was in the Oval Office area during the encounters. The records
of White House entry and exit are incomplete for employees, but they do
show her presence in the White House on eight of those occasions.(13)
The ten incidents are recounted here because they are necessary to
assess whether the President lied under oath, both in his civil
deposition, where he denied any sexual relationship at all, and in his
grand jury testimony, where he acknowledged an "inappropriate
intimate contact" but denied any sexual contact with Ms. Lewinsky's
breasts or genitalia. When reading the following descriptions, the
President's denials under oath should be kept in mind.
Unfortunately, the nature of the President's denials requires that the
contrary evidence be set forth in detail. If the President, in his grand
jury appearance, had admitted the sexual activity recounted by Ms. Lewinsky
and conceded that he had lied under oath in his civil deposition, these
particular descriptions would be superfluous. Indeed, we refrained from
questioning Ms. Lewinsky under oath about particular details until after
the President's August 17 testimony made that questioning necessary. But
in view of (i) the President's denials, (ii) his continued contention that
his civil deposition testimony was legally accurate under the terms and
definitions employed, and (iii) his refusal to answer related questions,
the detail is critical. The detail provides credibility and corroboration
to Ms. Lewinsky's testimony. It also demonstrates with clarity that
the Pres ident lied under oath both in his civil deposition and
to the federal grand jury.(14) There is
substantial and credible information that the President's lies about his
relationship with Ms. Lewinsky were abundant and calculating. >
(i) Wednesday, November 15, 1995
Ms. Lewinsky testified that she had her first sexual contact with
the President on the evening of Wednesday, November 15, 1995, while she
was an intern at the White House. Two times that evening, the President
invited Ms. Lewinsky to meet him near the Oval Office.(15)
On the first occasion, the President took Ms. Lewinsky back into the
Oval Office study, and they kissed.(16)
On the second, she performed oral sex on the President in the hallway
outside the Oval Office study.(17)
During this encounter, the President directly touched and kissed Ms. Lewinsky's
bare breasts.(18) In addition, the
President put his hand down Ms. Lewinsky's pants and directly
stimulated her genitalia (acts clearly within the definition of "sexual
relations" used at the Jones deposition).(19)
(ii) Friday, November 17, 1995
Ms. Lewinsky testified that she met with the President again two
days later, on Friday, November 17, 1995.(20)
During that encounter, Ms. Lewinsky stated, she performed oral sex on
the President in the private bathroom outside the Oval Office study.(21)
The President initiated the oral sex by unzipping his pants and exposing
his genitals. Ms. Lewinsky understood the President's actions to be a
sign that he wanted her to perform oral sex on him.(22)
During this encounter, the President also fondled Ms. Lewinsky's bare
breasts with his hands and kissed her breasts.(23)
(iii) Sunday, December 31, 1995
Ms. Lewinsky testified that she met with the President on New
Year's Eve, Sunday, December 31, 1995, after the President invited her to
the Oval Office.(24) Once there, the
President lifted Ms. Lewinsky's sweater, fondled her bare breasts
with his hands, and kissed her breasts. She stated that she performed oral
sex on the President in the hallway outside the Oval Office study.(25)
(iv) Sunday, January 7, 1996
Monica Lewinsky testified that she performed oral sex on the President
in the bathroom outside the Oval Office study during the late afternoon on
Sunday, January 7, 1996.(26) The
President arranged this encounter by calling Ms. Lewinsky at home and
inviting her to visit.(27) On that
occasion, the President and Ms. Lewinsky went into the bathroom,
where he fondled her bare breasts with his hands and mouth. During this
encounter, the President stated that he wanted to perform oral sex on Ms. Lewinsky,
but she stopped him for a physical reason.(28)
(v) Sunday, January 21, 1996
Ms. Lewinsky testified that she and the President had a sexual
encounter on the afternoon of Sunday, January 21, 1996, after he invited
her to the Oval Office.(29) The
President lifted Ms. Lewinsky's top and fondled her bare breasts.(30)
The President unzipped his pants and exposed his genitals, and she
performed oral sex on him in the hallway outside the Oval Office study.(31)
(vi) Sunday, February 4, 1996
Ms. Lewinsky testified that she and the President had sexual
contact in the Oval Office study and in the adjacent hallway on the
afternoon of Sunday, February 4, 1996.(32)
That day, the President had called Ms. Lewinsky.(33)
During their encounter, the President partially removed Ms. Lewinsky's
dress and bra and touched her bare breasts with his mouth and hands. He
also directly touched her genitalia.(34)
Ms. Lewinsky performed oral sex on the President.(35)
(vii) Sunday, March 31, 1996
Ms. Lewinsky testified that she and the President had sexual
contact in the hallway outside the Oval Office study during the late
afternoon of Sunday, March 31, 1996.(36)
The President arranged this encounter by calling Ms. Lewinsky and
inviting her to the Oval Office. During this encounter, Ms. Lewinsky
did not perform oral sex on the President. The President fondled Ms. Lewinsky's
bare breasts with his hands and mouth and fondled her genitalia directly
by pulling her underwear out of the way. In addition, the President
inserted a cigar into Ms. Lewinsky's vagina.(37)
(viii) Sunday, April 7, 1996
Ms. Lewinsky testified that she and the President had sexual
contact on Easter Sunday, April 7, 1996, in the hallway outside the Oval
Office study and in the study itself.(38)
On that occasion, the President touched Ms. Lewinsky's breasts, both
through her clothing and directly. After the President unzipped his pants,
Ms. Lewinsky also performed oral sex on him.(39)
This was their last in-person sexual encounter for over nine months.
(ix) Friday, February 28, 1997
Ms. Lewinsky testified that her next sexual encounter with the
President occurred on Friday, February 28, 1997, in the early evening.(40)
The President initiated this encounter by having his secretary Betty
Currie call Ms. Lewinsky to invite her to the White House for a radio
address. After the address, Ms. Lewinsky and the President kissed by
the bathroom. The President unbuttoned her dress and fondled her breasts,
first with her bra on and then directly. He touched her genitalia through
her clothes, but not directly, on this occasion. Ms. Lewinsky
performed oral sex on him.(41) On this
day, Ms. Lewinsky was wearing a blue dress that forensic tests have
conclusively shown was stained with the President's semen.(42)
(x) Saturday, March 29, 1997
Ms. Lewinsky testified that she and the President had sexual
contact on the afternoon of March 29, 1997, in the Oval Office study.(43)
On that occasion, the President unbuttoned Ms. Lewinsky's blouse and
touched her breasts through her bra, but not directly. He also put his
hands inside Ms. Lewinsky's pants and stimulated her genitalia.(44)
Ms. Lewinsky performed oral sex on him, and they also had brief,
direct genital-to-genital contact.(45)
(xi) Two Subsequent Meetings
Ms. Lewinsky testified that she met with President Clinton in the
Oval Office study on the morning of Saturday, August 16, 1997. They
kissed, and Ms. Lewinsky touched the President's genitals through his
clothing, but he rebuffed her efforts to perform oral sex. No other sexual
acts occurred during this encounter.(46)
On Sunday, December 28, 1997, three weeks before the President's civil
deposition in the Jones case, the President and Ms. Lewinsky
met in the Oval Office. In addition to discussing a number of issues that
are analyzed below, they engaged in "passionate" kissing -- she
said, "I don't call it a brief kiss." No other sexual contact
3. Phone Sex
Ms. Lewinsky testified that she and the President engaged in "phone
sex" approximately fifteen times. The President initiated each phone
sex encounter by telephoning Ms. Lewinsky.(48)
4. Physical Evidence
>Ms. Lewinsky produced to OIC investigators a dress she wore
during the encounter on February 28, 1997, which she believed might be
stained with the President's semen. At the request of the OIC, the FBI
Laboratory examined the dress and found semen stains.(49)
At that point, the OIC requested a DNA sample from the President. On
August 3, 1998, two weeks before the President's grand jury testimony, a
White House physician drew blood from the President in the presence of a
senior OIC attorney and a FBI special agent.(50)
Through the most sensitive DNA testing, RFLP testing, the FBI Laboratory
determined conclusively that the semen on Ms. Lewinsky's dress was,
in fact, the President's.(51) The chance
that the semen is not the President's is one in 7.87 trillion.(52)
5. Testimony of Ms. Lewinsky's Friends,
Family Members, and Counselors
During her relationship with the President, Monica Lewinsky spoke
contemporaneously to several friends, family members, and counselors about
the relationship. Their testimony corroborates many of the details of the
sexual activity provided by Ms. Lewinsky to the OIC.
1. The pseudonym Jane Doe was used during discovery
to refer to certain women whose identities were protected from the public.
2. For a discussion of the procedural background to
the Jones case, see Appendix, Tab C.
3. Sections 1621 and 1623 of Title 18 (perjury)
carry a penalty of imprisonment of not more than five years for knowingly
making a false, material statement under oath, including in any ancillary
court proceeding. An "ancillary proceeding" includes a
deposition in a civil case. United States v. McAfee, 8 F.3d 1010,
1013 (5th Cir. 1993); United States v. Scott, 682 F.2d 695, 698
(8th Cir. 1982). The perjury statutes apply to statements made during
civil proceedings. As one United States Court of Appeals recently stated,
"we categorically reject any suggestion, implicit or otherwise, that
perjury is somehow less serious when made in a civil proceeding. Perjury,
regardless of the setting, is a serious offense that results in
incalculable harm to the functioning and integrity of the legal system as
well as to private individuals."United States v. Holland, 22
F.3d 1040, 1047 (11th Cir. 1994); see also United States v.
Wilkinson, 137 F.3d 214, 225 (4th Cir. 1998).
4. Clinton 1/17/98 Depo.; see also Clinton
1/17/98 Depo. at 18.
5. Clinton 1/17/98 Depo. at 19.
6. Written interrogatories are a common discovery
device in federal civil cases by which a party serves written questions on
the opposing party. The rules require that they be answered under oath and
therefore under penalty of perjury. See Fed. R. Civ. P. 33.
7. V002-DC-00000016-32 (Plaintiff's Second Set of
Interrogatories, see Interrogatory no. 10). The interrogatory in
the text reflects Judge Wright's order, dated December 11, 1997, limiting
the scope of the question to cover only women who were state or federal
employees at the relevant times.
8. V002-DC-00000052-55 (President Clinton's
Supplemental Responses to Plaintiff's Second Set of Interrogatories, see
Response to Interrogatory no. 10).
9. Clinton 1/17/98 Depo., Exh. 1.
10. Robert S. Bennett, counsel for President
11. Clinton 1/17/98 Depo. at 78 (emphasis added).
12. Id. at 204 (emphasis added). The full
text of Ms. Lewinsky's affidavit is set forth in the Doc. Supp. B,
13. White House records reflecting entry and exit
are incomplete. For Ms. Lewinsky, there are no records for January 7,
1996, and January 21, 1996.
14. The President's false statements to the grand
jury are discussed in Ground II.
15. Lewinsky 8/26/98 Depo. at 6-7.
16. Id. at 7.
17. Id. at 8. Ms. Lewinsky stated
that the hallway outside the Oval Office study was more suitable for their
encounters than the Oval Office because the hallway had no windows.
Lewinsky 8/6/98 GJ at 34-35.
18. Lewinsky 8/26/98 Depo. at 8.
19. Id. at 8, 21. Ms. Lewinsky
testified that she had an orgasm. Id. at 8.
20. Id. at 11-12.
21. Id. at 12-13.
22. Id. at 14.
23. Id. at 12-13.
24. Id. at 15-16.
25. Id. at 17. After the sexual encounter,
she saw the President masturbate in the bathroom near the sink. Id.
26. Id. at 18.
27. Id. at 18.
28. Id. at 19. They engaged in oral-anal
contact as well. See Lewinsky 8/26/98 Depo. at 18-20.
29. Id. at 21-22. This was shortly after
their first phone sex encounter, which occurred on January 16, 1996. Id.
at 22; Lewinsky 7/30/98 Int. at 9. Phone sex occurs when one or both
parties masturbate while one or both parties talk in a sexually explicit
manner on the telephone.
30. Lewinsky 8/26/98 Depo. at 25.
31. Id. at 26. As Ms. Lewinsky
departed, she observed the President "manually stimulating"
himself in Ms. Hernreich's office. Id. at 27.
32. Id. at 28-32.
33. Id. at 28.
34. Id. at 30-31. Ms. Lewinsky
testified that she had an orgasm. Id.
35. Id. at 30-32. They engaged in
oral-anal contact as well. See Lewinsky 8/26/98 Depo. at 29-33.
36. Id. at 34-38.
37. Id. at 37-38. The President then put
the cigar in his mouth and said to Ms. Lewinsky: "it tastes
good." Lewinsky 7/30/98 Int. at 12-13; see also Lewinsky
Depo. at 38.
38. Lewinsky 8/6/98 GJ at 91, 94-97; Lewinsky
8/26/98 Depo. at 40-42.
39. Lewinsky 8/26/98 Depo. at 40-43.
40. Id. at 45-49. They had engaged in
phone sex a number of times in the interim, according to Ms. Lewinsky.
Lewinsky 7/30/98 Int. at 14-15.
41. Lewinsky 8/26/98 Depo. at 47. On this
occasion, the President ejaculated. Id.
42. FBI Lab Report, Lab Nos. 980730002SBO and
43. Lewinsky 8/26/98 Depo. at 49-51.
44. Ms. Lewinsky testified that she had
multiple orgasms. Id. at 50.
45. Id. at 50-51; Lewinsky 8/6/98 GJ at
21. On this occasion, the President ejaculated. Lewinsky 8/26/98 Depo. at
46. Lewinsky 8/26/98 Depo. at 51-53.
47. Id. at 53. See also Lewinsky
8/6/98 GJ at 35-36.
48. Lewinsky 7/30/98 Int. at 11-16; Lewinsky
8/6/98 GJ at 24. The summary chart of contacts between the President and
Ms. Lewinsky, GJ Exhibit ML-7, which is based on information provided
by Ms. Lewinsky, lists 17 separate phone sex calls. Id. at
27-28. Ms. Lewinsky also gave the President Vox, a novel
about phone sex. Id.
While phone sex may not itself constitute a "sexual relationship,"
it adds detail to Ms. Lewinsky's testimony and underscores the sexual
and intimate nature of the relationship between the President and Ms. Lewinsky.
Ms. Lewinsky also said that the President left a few messages on
her home answering machine (although he told her he did not like to leave
messages). Ms. Lewinsky provided four microcassettes of four messages
to the OIC on July 29, 1998. FBI Receipt for Property Received, dated
49. FBI Lab Report, Lab No. 9800730002SB0, 8/3/98.
50. FBI Observation Report (White House), 8/3/98.
51. FBI Lab Report, Lab No. 980730002SBO and