784. Lewinsky Proffer at 3-4. -

785. Lewinsky 8/6/98 GJ at 120.

786. Jordan 3/3/98 GJ at 154.

787. Jordan 3/3/98 GJ at 64-65.

788. Jordan 3/3/98 GJ at 65.

789. Jordan 3/3/98 GJ at 65.

790. 1414-DC-00001534 - 46 (Plaintiff's Second Request for Production of Documents and Things).

791. Lewinsky 8/6/98 GJ at 121-26.

792. Lewinsky 8/6/98 GJ at 126. Ms. Lewinsky testified that the call came as a surprise because Mrs. Clinton was in town. Id. at 122. See also 968-DC-00003479 (Mrs. Clinton's schedule reflects that she was in Washington, D.C. on December 17).

793. Lewinsky 8/6/98 GJ at 122-23.

794. Lewinsky 8/6/98 GJ at 123.

795. Lewinsky 2/1/98 Statement at 4.

796. Lewinsky 8/6/98 GJ at 123.

797. Lewinsky 2/1/98 Statement at 4.

798. Lewinsky 8/6/98 GJ at 123-24. Ms. Lewinsky testified that, "on [s]everal occasions," they had resolved to use this cover story to conceal their relationship. Id.

799. Lewinsky 8/6/98 GJ at 232.

800. Lewinsky 8/6/98 GJ at 126.

801. Lewinsky 8/6/98 GJ at 126.

802. Clinton 8/17/98 GJ at 116.

803. Clinton 8/17/98 GJ at 119. The President himself gave this explanation of Ms. Lewinsky's visits to the Oval Office at his Jones deposition. Clinton 1/17/98 Depo. at 50-51.

804. Clinton 8/17/98 GJ at 119-20.

805. Clinton 8/17/98 GJ at 119-20.

806. Clinton 8/17/98 GJ at 120.

807. Halperin 1/26/98 Int. at 2.

808. Berk 3/31/98 Int. at 1-2. In her proffer, Ms. Lewinsky stated that, during the week following her December 11 meeting with Mr. Jordan, she "had two interviews in NY in response to her letters." Lewinsky 2/1/98 Statement at 4.

809. Schick 1/29/98 Int. at 2.

810. Lewinsky 8/6/98 GJ at 128; Harte 4/17/98 Int. at 1.

811. 902-DC-000000135 - 138 (Lewinsky subpoena).

812. 902-DC-000000137.

813. Lewinsky 8/6/98 GJ at 128-29; Lewinsky 7/27/98 Int. at 6; 8/1/98 Int. at 6-7. In the late-night December 17 call, the President told Ms. Lewinsky that, if she were subpoenaed, she should call Ms. Currie. Ms. Lewinsky did not do so on December 19 because Ms. Currie's brother had recently died and Ms. Lewinsky did not want to bother her. Lewinsky 8/6/98 GJ at 126.

814. Jordan 3/3/98 GJ at 92-93. Mr. Jordan said that he did not contemplate representing Ms. Lewinsky himself because "I represent companies. I don't represent individuals." Jordan 3/3/98 GJ at 101.

815. V004-DC-00000172 (Akin, Gump visitor logs).

816. V004-DC-00000151 (Akin, Gump telephone records, indicating the call ended at 5:05 p.m.); 1178-DC-00000014 (Presidential call logs, reflecting the call ended at 5:08 p.m.). Presidential call logs are recorded by hand, and thus are likely to be less accurate. The President may have been returning a call that Mr. Jordan had placed at 3:51 p.m.

817. Lewinsky 8/6/98 GJ at 131; V004-DC-00000151 (Akin, Gump telephone records). Mr. Jordan asked whether he could bring a potential client to Mr. Carter's office on Monday morning.⁽⁸¹⁸⁾

818. Jordan 5/5/98 GJ at 154-55. See also Carter 6/18/98 GJ at 10. Although Mr. Jordan was adamant that Ms. Lewinsky was not in his office when he spoke with the President, he was uncertain whether Ms. Lewinsky was in the office when the 5:06 p.m. call was placed to Mr. Carter. Jordan 5/5/98 GJ at 154. - -

819. Lewinsky 8/6/98 GJ at 131.

820. Jordan 5/5/98 GJ at 140, 152-53.

821. Jordan 5/5/98 GJ at 145.

822. Jordan 5/5/98 GJ at 145.

823. Jordan 5/5/98 GJ at 147.

824. Jordan 5/5/98 GJ at 147.

825. Jordan 3/3/98 GJ at 102.

826. Jordan 3/3/98 GJ at 103.

827. Lewinsky 8/6/98 GJ at 131-32.

828. Lewinsky 8/6/98 GJ at 132.

829. Lewinsky 8/6/98 GJ at 132. In her handwritten proffer, Ms. Lewinsky described her meeting with Mr. Jordan that afternoon: "Ms. L expressed anxiety with respect to her subpoena requesting production of any gifts from the Pres., specifically citing hat pins which the Pres. had in fact given her. Mr. Jordan allayed her concerns by telling her it was standard language." Lewinsky 2/1/98 Statement at 5.

830. Lewinsky 8/6/98 GJ at 133.

831. Jordan 3/3/98 GJ at 150. Ms. Lewinsky confirmed that she had such a conversation with Mr. Jordan, although she believed it took place after a breakfast meeting on December 31. Lewinsky 8/6/98 GJ at 188; Lewinsky 2/1/98 Statement at 8.

832. Jordan 3/3/98 GJ at 123.

833. Jordan 3/3/98 GJ at 122. He also said: "I did not get graphic, I did not get specific, I didn't ask her if they kissed, I didn't ask if they caressed, all of which, as I understand it, is a part of the act of sex." Id. at 130.

834. Jordan 3/3/98 GJ at 126.

835. Jordan 3/3/98 GJ at 122-24. See also Lewinsky 8/6/98 GJ at 133-35.

836. Lewinsky 8/6/98 GJ at 134.

837. Lewinsky 8/6/98 GJ at 134.

838. Lewinsky 8/6/98 GJ at 135. According to Ms. Lewinsky, Mr. Jordan responded, "I don't hug men." Id.

839. Jordan 3/3/98 GJ at 167-8.

840. Jordan 3/3/98 GJ at 169. According to Mr. Jordan, the President listened with "some amazement" when Mr. Jordan recounted the conversation. Id. at 170.

841. Jordan 3/3/98 GJ at 173-74.

842. Jordan 3/3/98 GJ at 170.

843. Jordan 3/3/98 GJ at 171.

844. Jordan 3/3/98 GJ at 172. In the days that followed, Mr. Jordan informed the President that he had succeeded in engaging Francis Carter to represent Ms. Lewinsky. Jordan 3/5/98 GJ at 27.

845. Clinton 8/17/98 GJ at 64.

846. Clinton 8/17/98 GJ at 65-66.

847. Jordan 3/3/98 GJ at 164-66, 183-84.

848. Lewinsky 8/6/98 GJ at 138.

849. Lewinsky 8/6/98 GJ at 138.

850. Lewinsky 8/6/98 GJ at 138-39.

851. Lewinsky 8/6/98 GJ at 139.

852. Lewinsky 8/6/98 GJ at 139. Mr. Jordan asked what "phone sex" was. Lewinsky 8/6/98 GJ at 139. Ms. Lewinsky stated that she may have explained it this way: "He's taking care of business on one end and I'm taking care of business on another." Lewinsky 8/6/98 GJ at 143.

853. Lewinsky 8/6/98 GJ at 139-140. In her proffer, Ms. Lewinsky wrote that she "showed Mr. Jordan the items she was producing in response to the subpoena. Ms. L believes she made it clear that this was not everything she had that could respond to the subpoena, but she thought it was enough to satisfy." Lewinsky 2/1/98 Statement at 6.

854. Jordan 3/3/98 GJ at 153.

855. The diaries of both Mr. Carter and Mr. Jordan reflect an 11:00 a.m. appointment on December 22, 1997. 902-DC-00000231 (Mr. Carter's diary) and 1034-DC-00000103 (Mr. Jordan's diary).

856. Carter 6/18/98 GJ at 12, 14. According to Mr. Carter, although Mr. Jordan had previously referred clients to him, Mr. Jordan had never personally driven them to his office. Id. at 160-61.⁽⁸⁵⁷⁾

857. CITE

858. Carter 6/18/98 GJ at 158-60, 15, 75.

859. According to Mr. Carter's bill, he met with Ms. Lewinsky for 1.1 hours. 902-DC-00000037.

860. Lewinsky 8/6/98 GJ at 146; Carter 6/18/98 GJ at 25.

861. Lewinsky 8/6/98 GJ at 146-47; Carter 6/18/98 GJ at 25.

862. Lewinsky 8/6/98 GJ at 146. Somewhat at odds with Ms. Lewinsky, Mr. Carter testified, "I thought I needed to develop an affidavit recounting what she said to me." Carter 6/18/98 GJ at 65.

863. Lewinsky 8/6/98 GJ at 147.

864. Lewinsky 8/6/98 GJ at 147.

865. Carter 6/18/98 GJ at 29-30; 902-DC-00000038.

866. Carter 6/18/98 GJ at 39.

867. Carter 6/18/98 GJ at 42-43.

868. V002-DC-000000052 - 54 (President Clinton's Supplemental Responses to Plaintiff's Second Set of Interrogatories); 1414-DC-00000512 - 17 (same).

869. Lewinsky 8/6/98 GJ at 149.

870. Lewinsky 8/6/98 GJ at 149.

871. V0006-DC-00000009 (WAVES records).

872. Lewinsky 8/6/98 GJ at 150-51. In his grand jury testimony, the President recalled giving her many of these gifts and acknowledged that it was "probably true" that these were more gifts than he had ever given her in a single day. Clinton 8/17/98 GJ at 36.

873. Lewinsky 8/26/98 Depo. at 53.

874. Lewinsky 8/6/98 GJ at 151.

875. Lewinsky 8/6/98 GJ at 151-52.

876. Lewinsky 8/6/98 GJ at 152. In her handwritten statement of February 1, 1998, Ms. Lewinsky wrote: "Ms. L. asked [the President] how he thought the attorneys for Paula Jones found out about her. He thought it was probably 'that woman from the summer . . . with Kathleen Willey' (Linda Tripp) who lead [sic] them to Ms. L or possibly the uniformed agents. He shared Ms. L's concern about the hat pin. He asked Ms. L if she had told anyone that he had given it to her and she replied 'no.'" Lewinsky 2/1/98 Statement at 6.

877. Lewinsky 8/20/98 GJ at 66.

878. Lewinsky 8/6/98 GJ at 152. Ms. Lewinsky acknowledged in the grand jury that she had in fact told others about the hat pin. Lewinsky 8/6/98 GJ at 152.

879. Lewinsky 8/6/98 GJ at 152.

880. Lewinsky 8/6/98 GJ at 152. See also Lewinsky 8/20/98 GJ at 66.

881. Lewinsky 8/6/98 GJ at 168.

882. Clinton 1/17/98 Depo. at 68.

883. Clinton 8/17/98 GJ at 33.

884. Clinton 8/17/98 GJ at 39. He further testified that he did not remember that Ms. Lewinsky's subpoena specifically called for a hat pin. Clinton 8/17/98 GJ at 45.

885. Clinton 8/17/98 GJ at 39.⁽⁸⁸⁶⁾

886. Clinton 8/17/98 GJ at 45.

887. Catherine Davis 3/17/98 GJ at 77-79.

888. Lewinsky 8/6/98 GJ at 154-55.

889. Lewinsky 8/6/98 GJ at 155.

890. Lewinsky 8/6/98 GJ at 155-56.

891. Lewinsky 8/6/98 GJ at 156-58. Ms. Currie could remember only one other occasion in which she had driven to Ms. Lewinsky's Watergate apartment. Currie 5/6/98 GJ at 108.

892. Lewinsky 8/6/98 GJ at 158-59.

893. Lewinsky 8/6/98 GJ at 159.

894. Lewinsky 8/6/98 GJ at 159. See also Lewinsky 8/1/98 Int. at 12.

895. Lewinsky 2/1/98 Statement at 7 (punctuation corrected).

896. Ms. Currie stated, at various times, that the transfer occurred sometime in late December 1997 or early January 1998. Currie 1/24/98 Int. at 3; Currie 1/27/98 GJ at 56-57; Currie 5/6/98 GJ at 103-07.

897. Currie 5/6/98 GJ at 105-06.

898. Currie 5/6/98 GJ at 126.

899. Currie 1/27/98 GJ at 58. In her first grand jury appearance in January, Ms. Currie was asked whether she knew who had been asking the questions about the gifts. She testified: "Sir, no, I don't." Id. In a May grand jury appearance, Ms. Currie responded to a similar question by saying that she understood that Newsweek reporter Michael Isikoff (who had earlier written about Kathleen Willey) was asking about the gifts. Currie 5/6/98 GJ at 107, 114, 120. Ms. Lewinsky testified that she never spoke to Mr. Isikoff. Lewinsky 8/24/98 Int. at 9.

900. Currie 5/6/98 GJ at 107-08. See also Currie 1/27/98 GJ at 57-58.

901. Currie 5/6/98 GJ at 110. When the OIC later obtained the box from Ms. Currie by subpoena, it contained various items that the President had given to Ms. Lewinsky, including (a) a hat pin; (b) a brooch; (c) an official copy of the 1996 State of the Union Address inscribed "To Monica Lewinsky with best wishes, Bill Clinton"; (d) a photograph of the President in the Oval Office with a handwritten note, "To Monica -- Thanks for the tie Bill Clinton"; (e) a photograph of the President and Ms. Lewinsky inscribed "To Monica -- Happy Birthday! Bill Clinton 7-23-97"; (f) a sun dress, two t-shirts, and a baseball cap with a Black Dog logo on them; and (g) a facsimile copy of a Valentine's Day message to "Handsome" that Ms. Lewinsky placed in the Washington Post in 1996.

902. Currie 5/6/98 GJ at 106-07.

903. Clinton 8/17/98 GJ at 51.

904. Clinton 8/17/98 GJ at 115.

905. Clinton 8/17/98 GJ at 46.

906. Lewinsky 8/6/98 GJ at 186. Ms. Tripp, like Ms. Lewinsky, had been subpoenaed in the Jones case.

907. Lewinsky 8/6/98 GJ at 186-87. Although Mr. Jordan testified that he never had breakfast with Ms. Lewinsky, see Jordan 3/5/98 GJ at 60, there is strong circumstantial evidence supporting Ms. Lewinsky's testimony that she had breakfast with Mr. Jordan on December 31. Compare Lewinsky 8/6/98 GJ at 187-89 (describing breakfast) with 916-DC-00000003 (Park Hyatt receipt reflecting breakfast as described by Ms. Lewinsky).

908. Lewinsky 8/6/98 GJ at 186-89.

909. Lewinsky 8/6/98 GJ at 187.

910. Lewinsky 8/6/98 GJ at 187.

911. Lewinsky 8/6/98 GJ at 188; 8/26/98 Int. at 2; 8/1/98 Int. at 13.

912. Lewinsky 8/1/98 Int. at 13.

913. Lewinsky 8/6/98 GJ at 190.

914. Lewinsky 8/6/98 GJ at 190-91.

915. Lewinsky 8/2/98 Int. at 1.

916. 902-DC-00000232 (Mr. Carter's day-planner); 902-DC-00000037 (Mr. Carter's bill).

917. Lewinsky 8/6/98 GJ at 192. Mr. Carter agreed that, during one of his meetings with Ms. Lewinsky, he asked her sample questions. Carter 6/18/98 GJ at 110-12.

918. Lewinsky 8/6/98 GJ at 192-93.

919. Carter 6/18/98 GJ at 67-68; Lewinsky 8/6/98 GJ at 194, 199.

920. Lewinsky 8/6/98 GJ at 195.

921. Lewinsky 8/6/98 GJ at 195; Lewinsky 8/2/98 Int. at 3; Lewinsky 2/1/98 Statement at 9 ("That evening Ms. L placed a phone call to Ms. Currie asking her to tell the Pres. that she wanted to speak with him before she signed something the next day. He returned Ms. L's call a few hours later.").

922. Lewinsky 8/6/98 GJ at 196.

923. Lewinsky 8/2/98 Int. at 3. See also Lewinsky 2/1/98 Statement at 9 ("The Pres. told Ms. L. not to worry about the affidavit as he had seen 15 others.").

924. Lewinsky 8/6/98 GJ at 197.

925. Lewinsky 8/6/98 GJ at 197; Lewinsky 2/1/98 Statement at 9 ("Ms. L told him Mr. Carter had asked some sample questions that might be asked of her in the deposition and she didn't know how to answer them.").

926. Clinton 8/17/98 GJ at 126

927. Clinton 8/17/98 GJ at 129.

928. Lewinsky 9/3/98 Int. at 2.

929. Lewinsky 8/6/98 GJ at 198.

930. Lewinsky 8/6/98 GJ at 198.

931. Clinton 8/17/98 GJ at 48-49.

932. Clinton 8/17/98 GJ at 50.

933. Clinton 8/17/98 GJ at 127, 49-50.

934. Lewinsky 8/6/98 GJ at 199-200; Carter 6/18/98 GJ at 70-73. A draft copy of the affidavit, with minor revisions, was found in Ms. Lewinsky's apartment in the course of a consensual search on January 22, 1998.⁽⁹³⁵⁾

935. cite

936. Lewinsky 8/6/98 GJ at 200; Lewinsky 2/1/98 Statement at 6 ("After Ms. L received a draft of the affidavit, she called Mr. Jordan to ask that he look it over before she sign it. He instructed her to drop off a copy at his office. They spoke later by phone about the affidavit agreeing to make some changes.").

937. Lewinsky 8/6/98 GJ at 194-95.

938. Lewinsky 8/6/98 GJ at 202.

939. As originally drafted, Paragraph 6 of the affidavit stated: "In the course of my employment at the White House, I met with the President on several occasions. I do not recall ever being alone with the President, although it is possible that while working in the White House Office of Legislative Affairs I may have presented him with a letter for his signature while no one else was present. This would only have lasted a few minutes and would not have been a private meeting, that is, not behind closed doors.⁽⁹⁴⁰⁾

940. 849-DC-00000634. --

941. 849-DC-00000634-35 (emphasis added).

942. Lewinsky 8/6/98 GJ at 202.

943. 849-DC-00000635.

944. Lewinsky 8/6/98 GJ at 202.

945. Jordan 3/5/98 GJ at 11.

946. Jordan 3/5/98 GJ at 11.

947. See Telephone Calls, Table 35. Catalogs of relevant phone calls are included in Appendix G as a Phone Log, Tables 1 through 50.

948. Carter 6/18/98 GJ at 76-77, 92-93.

949. 902-DC-00000030 (Mr. Carter's bill to Ms. Lewinsky).

950. Jordan 5/5/98 GJ at 210, 214.

951. Jordan 5/5/98 GJ at 218-20.

952. 902-DC-00000232 (Mr. Carter's day-planner).

953. Lewinsky 8/6/98 GJ at 204-05. As to the sentence, "I have never had a sexual relationship with the President," she testified that this was not true.⁽⁹⁵⁴⁾

954. Lewinsky 8/6/98 GJ at 204. ⁽⁹⁵⁵⁾

955. Lewinsky 8/6/98 GJ at 205.

956. Carter 6/18/98 GJ at 108.

957. Jordan 5/5/98 GJ at 222. See also Jordan 3/3/98 GJ at 192; Jordan 3/5/98 GJ at 11; Jordan 5/28/98 GJ at 62. Ms. Lewinsky testified that she told Mr. Jordan on January 6, that she would be signing an affidavit the next day. On January 13, she showed him a copy. Lewinsky 8/6/98 GJ at 200, 220.

958. See Telephone Calls, Table 36.

959. Jordan 3/5/98 GJ at 24-26.

960. Jordan 5/5/98 GJ at 223-25.

961. Jordan 5/5/98 GJ at 225.

962. Jordan 5/5/98 GJ at 226.

963. Clinton 1/17/98 Depo. at 72.

964. Clinton 8/17/98 GJ at 74.

965. Clinton 8/17/98 GJ at 75.

966. Durnan 3/27/98 Int. at 1.

967. Durnan 3/27/98 Int. at 2.

968. Durnan 3/27/98 Int. at 2.

969. Lewinsky 8/6/98 GJ at 206.

970. Lewinsky 8/6/98 GJ at 207-08.

971. See Telephone Calls, Table 37, Call 6.

972. Jordan 5/5/98 GJ at 230.

973. Jordan 5/5/98 GJ at 231. Asked whether he had ever spoken with Mr. Perelman in the past in the context of a job referral, Mr. Jordan could remember three persons for whom he had made referrals: David Dinkins, the former Mayor of New York City;⁽⁹⁷⁴⁾

974. Jordan 3/5/98 GJ at 56.