SENATE IMPEACHMENT TRIAL / DAY DAY 5
CLEAN FEED OF THE SENATE TRIAL / IMPEACHMENT TRIAL OF
PRESIDENT BILL CLINTON. DEFENSE OPENING STATEMENTS
15:52:29 WHITE HOUSE COUNSEL GREG CRAIG THEY ARE, DESTROY A
FUNDAMENTAL UNDERPINNING OF AMERICAN DEMOCRACY: THE RIGHT
OF THE PEOPLE AND NO ONE ELSE TO SELECT THE PRESIDENT OF
THE UNITED STATES.WILLIAM JEFFERSON CLINTON IS NOT GUILTY
OF OBSTRUCTION OF JUSTICE. HE IS NOT GUILTY OF PERJURY.
HE MUST NOT BE REMOVED.THANK YOU VERY MUCH.
15:52:49 CHIEF JUSTICE WILLIAM REHNQUIST: THE CHAIR RECOGNIZES THE
MAJORITY LEADER.MAJORITY LEADER TRENT LOTT: MR. CHIEF
JUSTICE,
15:52:52 I ASK UNANIMOUS CONSENT THAT WE RECESS THE PROCEEDINGS NOW.
WE WILL BEGIN PROMPTLY AT FIVE MINUTES AFTER
FOUR.REHNQUIST: WITHOUT OBJECTION, IT'S SO ORDERED.
15:53:09 (SENATE RECESS)
15:53:15 LOTT: MS. COUNSEL CHERYL MILLS (PH). REHNQUIST: THE CHAIR
RECOGNIZES MS. COUNSEL MILLS. 16:07:51 MILLS: MR. CHIEF
JUSTICE, MANAGERS FROM THE HOUSE OF REPRESENTATIVES,
MEMBERS OF THE SENATE, GOOD AFTERNOON. MY NAME IS CHERYL
MILLS AND I AM DEPUTY COUNSEL TO THE PRESIDENT. I AM
HONORED TO BE HERE TODAY ON BEHALF OF THE PRESIDENT TO
ADDRESS YOU.TODAY, INCIDENTALLY, MARKED MY SIXTH YEAR
ANNIVERSARY IN THE WHITE HOUSE. I'M VERY PROUD TO HAVE HAD
THE OPPORTUNITY TO SERVE OUR COUNTRY AND THIS PRESIDENT.
IT IS A PARTICULAR HONOR FOR ME TO STAND ON THE SENATE
FLOOR TODAY. I'M AN ARMY BRAT. MY FATHER SERVED IN THE
ARMY FOR 27 YEARS. I GREW UP IN A MILITARY WORLD WHERE
OPPORTUNITY WAS NOT JUST -- WHERE OPPORTUNITY WAS A
REALITY, AND NOT JUST A SLOGAN. THE VERY FACT THAT THE
DAUGHTER OF AN ARMY OFFICER FROM RICHMOND, VIRGINIA -- THE
VERY FACT THAT I CAN REPRESENT THE PRESIDENT OF THE UNITED
STATES ON THE FLOOR OF THE SENATE OF THE UNITED STATES IS
POWERFUL PROOF THAT THE AMERICAN DREAM LIVES.I'M GOING TO
TAKE SOME TIME TO ADDRESS TWO OF THE ALLEGATIONS OF
OBSTRUCTION OF JUSTICE AGAINST PRESIDENT CLINTON IN ARTICLE
II: FIRST, THE ALLEGATION RELATED TO THE BOX OF GIFTS THAT
MS. LEWINSKY ASKED MS. CURRIE TO HOLD FOR HER; SECOND, THE
ALLEGATION RELATED TO THE PRESIDENT'S CONVERSATION WITH MS.
CURRIE AFTER HIS DEPOSITION IN THE JONES CASE. MILLS:
TOMORROW, MY COLLEAGUE MR. KENDALL WILL ADDRESS THE
REMAINING ALLEGATIONS OF OBSTRUCTION OF JUSTICE. OVER THE
COURSE OF THE HOUSE MANAGERS' PRESENTATION LAST WEEK, I
CONFESS I WAS STRUCK BY HOW OFTEN THEY REFERRED TO THE
SIGNIFICANCE OF THE RULE OF LAW. HOUSE MANAGER
SENSENBRENNER, FOR EXAMPLE, QUOTED PRESIDENT THEODORE
ROOSEVELT, STATING, "NO MAN IS ABOVE THE LAW AND NO MAN IS
BELOW IT." AS A LAWYER, AS AN AMERICAN, AND AS AN AFRICAN-
AMERICAN, IT IS A PRINCIPLE IN WHICH I BELIEVE TO THE VERY
CORE OF MY BEING. IT IS WHAT MANY HAVE STRUGGLED AND DIED
FOR, THE RIGHT TO BE EQUAL BEFORE THE LAW, WITHOUT REGARD
TO RACE OR GENDER OR ETHNICITY, DISABILITY, PRIVILEGE, OR
STATION IN LIFE. THE RULE OF LAW APPLIES TO THE WEAK AND
THE STRONG, THE RICH AND THE POOR, THE POWERFUL AND THE
POWERLESS.IF YOU LOVE THE RULE OF LAW, YOU MUST LOVE IT IN
ALL OF ITS APPLICATIONS. MILLS: YOU CANNOT ONLY LOVE IT
WHEN IT PROVIDES THE VERDICT YOU SEEK, YOU MUST LOVE IT
WHEN THE VERDICT GOES AGAINST YOU AS WELL. WE CANNOT
UPHOLD THE RULE OF LAW ONLY WHEN IT IS CONSISTENT WITH OUR
BELIEFS, WE MUST UPHOLD IT EVEN WHEN IT PROTECTS BEHAVIOR
THAT WE DON'T LIKE OR IS UNATTRACTIVE OR IS NOT ADMIRABLE
OR THAT MIGHT EVEN BE HURTFUL.AND WE CANNOT SAY WE LOVE THE
RULE OF LAW BUT DISMISS ARGUMENTS THAT APPEAL TO THE RULE
OF LAW AS LEGALISMS OR LEGAL HAIRSPLITTING.I SAY ALL THIS
BECAUSE NOT ONLY THE FACT, BUT THE LAW OF OBSTRUCTION OF
JUSTICE PROTECTS THE PRESIDENT. IT DOES NOT CONDEMN HIM.
AND THE MANAGERS CANNOT DENY THE PRESIDENT THE PROTECTION
THAT IS PROVIDED BY THE LAW AND STILL INSIST THAT THEY ARE
ACTING TO UPHOLD THE LAW.HIS CONDUCT, WHILE CLEARLY NOT
ATTRACTIVE OR ADMIRABLE, IS NOT CRIMINAL. MILLS: THAT IS
THE RULE OF LAW IN THIS CASE.SO AS MY COLLEAGUES AND I
DISCUSS OBSTRUCTION OF JUSTICE AGAINST THE PRESIDENT, WE
ASK ONLY THAT THE RULE OF LAW BE APPLIED EQUALLY, MUTUALLY,
FAIRLY, NOT EMOTIONALLY OR PERSONALLY, OR POLITICALLY.IF IT
IS APPLIED EQUALLY, THE RULE OF LAW EXONERATES BILL
CLINTON. THAT SAID, I WANT TO BEGIN WHERE MANAGER
HUTCHINSON LEFT OFF THIS WEEKEND, DURING A TELEVISION
PROGRAM. THE EVIDENCE DOES NOT SUPPORT CONVICTION OF THE
PRESIDENT ON ANY OF THE ALLEGATIONS OF OBSTRUCTION OF
JUSTICE.ON THE RECORD NOW BEFORE THE SENATE, AND THAT WAS
BEFORE THE HOUSE, MANAGER HUTCHINSON SAID, "I DON'T THINK
YOU COULD OBTAIN A CONVICTION, OR THAT I COULD FAIRLY ASK
FOR A CONVICTION."WE AGREE. WE AGREE. THERE ARE GOOD
REASONS FOR MANAGER HUTCHINSON'S JUDGMENT. THE MOST
IMPORTANT -- THE EVIDENCE IN THE RECORD, AND THE LAW ON THE
BOOKS DOES NOT SUPPORT THE CONCLUSION THAT THE PRESIDENT
OBSTRUCTED JUSTICE. MILLS: NOW I KNOW THAT MANAGER
MCCOLLUM BEGGED YOU IN HIS PRESENTATION NOT TO PAY
ATTENTION TO THE DETAILS WHEN THE PRESIDENT'S CASE WAS PUT
FORWARD. HE WENT SO FAR AS TO IMPLORE YOU NOT TO GET HUNG
UP ON SOME OF THE DETAILS WHEN THE PRESIDENT AND HIS
ATTORNEYS TRY TO EXPLAIN THIS STUFF. THE BIG PICTURE IS
WHAT YOU NEED TO KEEP IN MIND, NOT THE
COMPARTMENTALIZATION.MANAGER MCCOLLUM WAS TELLING YOU, IN
EFFECT, NOT TO PAY ATTENTION TO THE EVIDENCE THAT
EXONERATES THE PRESIDENT. DON'T PAY ATTENTION TO THE
DETAILS THAT TAKE THIS CASE OUT OF THE REALM OF ACTIVITIES
THAT ARE PROHIBITED BY THE LAW.BUT THE RULE OF LAW DEPENDS
UPON THE DETAILS, BECAUSE IT DEPENDS UPON THE FACTS. AND
IT DEPENDS UPON THE FAIRNESS OF THE PERSONS CALLED TO JUDGE
THE FACTS.I WANT TO WALK THROUGH THE BIG PICTURE, AND I
WANT TO WALK THROUGH THE FACTS. I FIRST WANT TO DISCUSS
THE REAL STORY, AND THEN I WANT TO FOCUS ON ALL THOSE
INCONVENIENT DETAILS, OR WHAT MANAGER BUYER CALLED THOSE
STUBBORN FACTS, THAT DON'T FIT THE BIG PICTURE THAT THE
HOUSE MANAGERS WANT YOU TO SEE. MILLS: MANAGER BARR
SUGGESTED THAT THE FIT BETWEEN THE FACTS AND THE LAW
AGAINST THE PRESIDENT IN THIS CASE IS AS PRECISE AS THE
FINELY TUNED MECHANISM OF A SWISS WATCH. BUT WHEN YOU PUT
THE FACTS TOGETHER, THEY DON'T QUITE MAKE OUT A SWISS
WATCH. IN FACT, THEY MIGHT NOT EVEN MAKE GOOD SAUSAGE.SO
WHAT IS THE BIG PICTURE? THE BIG PICTURE IS THIS: THE
PRESIDENT HAD A RELATIONSHIP WITH A YOUNG WOMAN. HIS
CONDUCT WAS INAPPROPRIATE, BUT IT WAS NOT OBSTRUCTION OF
JUSTICE. DURING THE COURSE OF THEIR RELATIONSHIP, THE
PRESIDENT AND THE YOUNG WOMAN PLEDGED NOT TO TALK ABOUT IT
WITH OTHERS. THAT IS NOT OBSTRUCTION OF JUSTICE.THE
PRESIDENT ENDED THEIR RELATIONSHIP BEFORE ANYONE KNEW ABOUT
IT. HE ENDED IT NOT BECAUSE HE THOUGHT IT WOULD PLACE HIM
IN LEGAL JEOPARDY. HE ENDED IT BECAUSE HE KNEW IT WAS
WRONG. THAT IS NOT OBSTRUCTION OF JUSTICE.THE PRESIDENT
HOPED THAT NO ONE WOULD FIND OUT ABOUT HIS INDISCRETION;
ABOUT HIS LAPSE IN JUDGMENT. THAT IS NOT OBSTRUCTION OF
JUSTICE EITHER. MILLS: ONE DAY HOWEVER LONG AFTER HE HAD
ENDED THE RELATIONSHIP HE WAS ASKED ABOUT IT IN AN
UNRELATED LAWSUIT. A LAWSUIT WHO'S INTENT AT LEAST AS
PROCLAIMED BY THOSE WHO WERE PURSUING IT WAS TO POLITICALLY
DAMAGE HIM. THAT WAS THEIR PUBLICLY ANNOUNCED GOAL. SO HE
KNEW, THE PRESIDENT KNEW THAT A SECRET WOULD SOON BE
EXPOSED AND HE WAS RIGHT. IT WAS REVEALED FOR PUBLIC
CONSUMPTION; WRITTEN LARGE ALL OVER THE WORLD AGAINST HIS
BEST EFFORTS TO HAVE ENDED THE RELATIONSHIP AND TO PUT
RIGHT WHAT HE HAD DONE WRONG. THAT IS THE REAL BIG
PICTURE; THAT IS THE TRUTH; AND THAT IS NOT OBSTRUCTION OF
JUSTICE. SO LET'S TALK ABOUT THE ALLEGATION OF OBSTRUCTION
OF JUSTICE ABOUT THE BOX OF GIFTS THAT MS. CURRIE RECEIVED
FROM MS. LEWINSKY. I WANT TO BEGIN BY TELLING YOU ANOTHER
TRUE STORY, THE REAL STORY OF THE NOW FAMOUS GIFTS. IT
TAKES PLACE ON DECEMBER 28, 1997. ON THAT DAY THE
PRESIDENT GAVE MS. LEWINSKY HOLIDAY GIFTS. DURING HER
VISIT WITH THE PRESIDENT MS. LEWINSKY HAS SAID THAT SHE
RAISED THE SUBPOENA THAT SHE HAD RECEIVED FROM THE JONES
LAWYERS ON THE 19TH AND ASKED HIM: WHAT SHE SHOULD DO ABOUT
THE GIFTS?THE PRESIDENT HAS SAID HE TOLD HER, WHENEVER IT
WAS THAT THEY DISCUSSED IT THAT SHE WOULD HAVE TO GIVE OVER
WHATEVER SHE HAD. HE WAS NOT CONCERNED ABOUT THE GIFTS
BECAUSE HE GIVES SO MANY GIFTS TO SO MANY PEOPLE.
UNBEKNOWNST THE PRESIDENT, HOWEVER, MS. LEWINSKY HAD BEEN
WORRYING ABOUT WHAT TO DO WITH GIFTS EVER SINCE SHE GOT THE
SUBPOENA. SHE WAS CONCERNED THAT JONES LAWYERS MIGHT EVEN
SEARCH HER APARTMENT, SO SHE WANTED TO GET THE GIFTS OUT OF
HER HOME. AFTER MS. LEWINSKY'S VISIT WITH THE PRESIDENT MS.
CURRIE WALKED HER FROM THE BUILDING. THEN OR LATER, EITHER
IN PERSON OR ON THE PHONE, MS. LEWINSKY TOLD MS. CURRIE
THAT SHE HAD A BOX OF GIFTS THAT THE PRESIDENT HAD GIVEN
HER THAT SHE WANTED MS. CURRIE TO HOLD, BECAUSE PEOPLE WERE
ASKING QUESTIONS. IN THE COURSE OF THE CONVERSATION THEY
DISCUSSED OTHER THINGS AS WELL, AND MS. CURRIE AGREED TO
HOLD THE BOX OF GIFTS.AFTER THEIR DISCUSSION MS. LEWINSKY
PACKED UP SOME, BUT NOT ALL, OF THE GIFTS THAT THE
PRESIDENT HAD GIVEN HER OVER TIME. SHE KEPT OUT PRESENTS
OF PARTICULAR SENTIMENTAL VALUE, AS WELL AS VIRTUALLY ALL
OF THE GIFTS HE HAD GIVEN HER THAT VERY DAY ON THE 28TH.
MILLS: MS. CURRIE WENT HOME -- WENT BY MS. LEWINSKY'S HOME
AFTER LEAVING WORK, PICKED UP THE BOX, WHICH HAD A NOTE ON
IT THAT SAID "DO NOT THROW AWAY," AND SHE TOOK IT HOME.MS.
CURRIE DID NOT RAISE MS. LEWINSKY'S REQUEST WITH THE
PRESIDENT BECAUSE SHE SAW HERSELF AS DOING A FAVOR FOR HER
FRIEND. MS. CURRIE HAD NO IDEA THE GIFTS WERE UNDER
SUBPOENA. AND SO MS. LEWINSKY'S REQUEST HARDLY STRUCK HER
AS CRIMINAL.THIS STORY THAT I JUST TOLD YOU IS OBVIOUSLY
VERY DIFFERENT FROM THE STORY PRESENTED BY THE HOUSE
MANAGERS. HOW CAN I TELL SUCH A STORY THAT IS SO AT ODDS
WITH THAT WHICH HAS BEEN PRESENTED BY THE HOUSE MANAGERS?
THE ANSWER LIES IN THE SELECTIVE READING OF THE RECORD BY
THE HOUSE MANAGERS. BUT THEIRS IS NOT THE ONLY VERSION OF
THE FACTS THAT CAN BE TOLD. SO WHAT DETAILS DID THEY
DOWNPLAY OR DISCARD OR DISREGARD IN THEIR PRESENTATION TO
CREATE ALLEGATIONS OF OBSTRUCTION OF JUSTICE? TO BE FAIR,
THE HOUSE MANAGERS ACKNOWLEDGED UP FRONT THAT THEIR CASE IS
LARGELY CIRCUMSTANTIAL. THEY ARE RIGHT. MILLS: LET'S
WALK THROUGH THE HOUSE MANAGERS' PRESENTATION OF THE KEY
EVENTS, WHICH THEY GAVE TO YOU LAST WEEK. LET'S LOOK AT
EXHIBIT 1, WHICH IS IN THE PACKETS THAT HAVE BEEN HANDED
OUT TO YOU.
16:20:56 FIRST KEY FACT: ON DECEMBER 19TH, MONICA LEWINSKY WAS
SERVED WITH A SUBPOENA IN THE PAULA JONES CASE. THE
SUBPOENA REQUIRED HER TO TESTIFY AT A DEPOSITION IN
JANUARY, 1998, AND ALSO TO PRODUCE EACH AND EVERY GIFT
GIVEN TO HER BY PRESIDENT CLINTON.SECOND EVENT: ON
DECEMBER 28TH, MS. LEWINSKY AND THE PRESIDENT MET IN THE
OVAL OFFICE TO EXCHANGE CHRISTMAS GIFTS, AT WHICH TIME THEY
DISCUSSED THE FACT THAT THE LAWYERS IN THE JONES CASE HAD
SUBPOENAED ALL OF THE PRESIDENT'S GIFTS.THIRD KEY FACT:
DURING THE CONVERSATION ON THE 28TH, MS. LEWINSKY ASKED THE
PRESIDENT WHETHER SHE SHOULD PUT AWAY, OUTSIDE OF HER HOME,
OR GIVE TO SOMEONE, MAYBE BETTY, THE GIFTS. AT THAT TIME,
ACCORDING TO MS. LEWINSKY, THE PRESIDENT RESPONDED, "LET ME
THINK ABOUT IT." FOURTH FACT THEY PRESENTED TO YOU: THAT
ANSWER LED TO ACTION. LATER THAT DAY, MS. LEWINSKY GOT A
CALL AT 3:32 P.M. FROM MS. CURRIE, WHO SAID, "I UNDERSTAND
YOU HAVE SOMETHING TO GIVE ME, OR THAT THE PRESIDENT HAS
SAID YOU HAVE SOMETHING FOR ME."IT WAS THE PRESIDENT WHO
INITIATED THE RETRIEVAL OF THE GIFTS AND THE CONCEALMENT OF
THE GIFTS. MILLS: THE FIFTH EVENT THEY PRESENTED. WITHOUT
ASKING ANY QUESTIONS, MS. CURRIE PICKED UP THE BOX OF GIFTS
FROM MS. LEWINSKY, DROVE TO HER HOME AND PLACED THE BOX
UNDER HER BED.
16:22:14 THAT IS WHAT THE HOUSE MANAGERS TOLD YOU LAST WEEK.
16:22:18 NOW LET'S GO THROUGH THEIR STORY PIECE BY PIECE. ON
DECEMBER 19TH, MONICA LEWINSKY WAS SERVED WITH A SUBPOENA
IN THE JONES CASE. THE SUBPOENA REQUIRED HER TO TESTIFY AT
A DEPOSITION IN JANUARY 1998 AND ALSO TO PRODUCE EACH AND
EVERY GIFT GIVEN TO HER BY THE PRESIDENTTHIS STATEMENT IS
FACTUALLY ACCURATE. IT DOES NOT, HOWEVER, CONVEY THE
ENTIRE STATE OF AFFAIRS. MS. LEWINSKY TOLD THE FBI THAT
WHEN SHE GOT THE SUBPOENA, SHE WANTED THE GIFTS OUT OF HER
APARTMENT. WHY? BECAUSE SHE SUSPECTED THAT LAWYERS FOR
JONES WOULD BREAK INTO HER APARTMENT LOOKING FOR GIFTS.SHE
WAS ALSO CONCERNED THAT THE JONES PEOPLE MIGHT TAP HER
PHONE. THEREFORE, SHE WANTED TO PUT THE GIFTS OUT OF REACH
OF THE JONES LAWYERS, OUT OF HARM'S WAY. MILLS: THE
MANAGERS ENTIRELY DISREGARDED MS. LEWINSKY'S OWN
INDEPENDENT MOTIVATIONS FOR WANTING TO MOVE THE GIFTS.LET'S
CONTINUE. ON DECEMBER 28, 1997, MS. LEWINSKY AND THE
PRESIDENT MET IN THE OVAL OFFICE TO EXCHANGE CHRISTMAS
GIFTS, AT WHICH TIME THEY DISCUSSED THE FACT THAT THE
LAWYERS IN THE JONES CASE HAD SUBPOENAED ALL THE GIFTS FROM
THE PRESIDENT TO MS. LEWINSKY.DURING THE COURSE -- DURING
THE CONVERSATION ON DECEMBER 28TH, MS. LEWINSKY ASKED THE
PRESIDENT WHETHER SHE SHOULD PUT AWAY THE GIFTS OUTSIDE OF
HER HOUSE SOMEPLACE OR GIVE THEM TO SOMEONE, MAYBE BETTY.
AT THAT TIME, ACCORDING TO MS. LEWINSKY, THE PRESIDENT SAID
"LET ME THINK ABOUT IT."THE HOUSE MANAGERS HAVE
CONSISTENTLY DESCRIBED THE DECEMBER 28TH MEETING EXACTLY
THIS WAY, AS DID THE MAJORITY COUNSEL FOR THE HOUSE
JUDICIARY; AS DID THE OFFICE OF INDEPENDENT COUNSEL. IT'S
BEEN SAID SO OFTEN THAT IT'S BECOME CONVENTIONAL WISDOM.
BUT IT IS NOT -- IT IS NOT THE WHOLE TRUTH. IT IS NOT THE
FULL RECORD. MS. LEWINSKY ACTUALLY GAVE 10 RENDITIONS OF
HER CONVERSATION WITH THE PRESIDENT. ALL OF THEM HAVE BEEN
OUTLINED IN OUR TRIAL BRIEF. MILLS: INVARIABLY THE ONE
MOST CITED IS THE ONE LEAST FAVORABLE TO THE PRESIDENT. BUT
EVEN IN THAT VERSION, THE ONE THAT IS LEAST FAVORABLE TO
THE PRESIDENT, NO ONE CLAIMS HE ORDERED, SUGGESTED, OR EVEN
HINTED THAT ANYONE OBSTRUCT JUSTICE. AT MOST, THE
PRESIDENT SAYS: LET ME THINK ABOUT IT. THAT IS NOT
OBSTRUCTION OF JUSTICE.BUT WHAT ABOUT THE NINE OTHER
VERSIONS. SOME OF THE OTHER VERSIONS, WHICH I HAVE NEVER
HEARD OFFERED BY THE HOUSE MANAGERS, VERSIONS THAT MAYBE
YOU, TOO, HAVE NEVER HEARD, ARE THE ONES THAT PUT THE LIE
TO THE OBSTRUCTION OF JUSTICE ALLEGATION. LET'S LOOK AT
EXHIBIT TWO, WHICH IS IN YOUR MATERIALS.
16:25:29 YOU MAY HAVE NEVER HEARD, FOR EXAMPLE, THIS VERSION OF
THEIR CONVERSATION, AND THIS IS MS. LEWINSKY SPEAKING.
16:25:39 "IT WAS DECEMBER 28 AND I WAS THERE TO GET MY CHRISTMAS
GIFTS FROM HIM. AND WE SPENT MAYBE ABOUT FIVE MINUTES OR
SO, NOT VERY LONG, TALKING ABOUT THE CASE. AND I SAID TO
HIM, 'WELL, DO YOU THINK I SHOULD' -- I DON'T THINK I SAID
GET RID OF -- I SAID, 'BUT DO YOU THINK I SHOULD PUT AWAY
OR MAYBE GIVE TO BETTY OR GIVE TO SOMEONE THE GIFTS?' AND
HE -- I DON'T REMEMBER HIS RESPONSE. IT WAS SOMETHING
LIKE, 'I DON'T KNOW,' OR, 'HMM,' OR THERE WAS REALLY NO
RESPONSE."MILLS: YOU ALSO MAY NOT HAVE HEARD THIS VERSION,
AND THIS IS A JUROR SPEAKING -- A GRAND JUROR SPEAKING TO
MS. LEWINSKY.THE JUROR: "NOW, DID YOU BRING UP BETTY'S
NAME, OR DID THE PRESIDENT BRING UP BETTY'S NAME," AND THIS
IS AT THE MEETING ON THE 28TH.MS. LEWINSKY: "I THINK I
BROUGHT IT UP. THE PRESIDENT WOULDN'T HAVE BROUGHT UP
BETTY'S NAME, BECAUSE HE DIDN'T -- HE REALLY DIDN'T DISCUSS
IT."AND YOU PROBABLY HAVE NOT HEARD THIS VERSION. LEWINSKY
ADVISED THAT CLINTON WAS SITTING IN A ROCKING CHAIR IN THE
STUDY. LEWINSKY ASKED CLINTON, WHAT SHOULD I DO WITH THE
GIFTS CLINTON HAD GIVEN HER, AND HE EITHER DID NOT RESPOND,
OR RESPONDED, "I DON'T KNOW."LEWINSKY IS NOT SURE EXACTLY
WHAT WAS SAID, BUT SHE IS CERTAIN THAT WHATEVER CLINTON
SAID, SHE HAD NO CLEAR IMAGE IN HER MIND OF WHAT TO DO
NEXT.
16:27:14 WHY HAVEN'T WE HEARD THESE VERSIONS? BECAUSE THEY WEAKEN
AN ALREADY FRAGILE CIRCUMSTANTIAL CASE.
16:27:24 MILLS: IF MS. LEWINSKY SAYS THAT THE PRESIDENT DIDN'T
RESPOND AT ALL, THEN THERE'S ABSOLUTELY NO EVIDENCE FOR THE
HOUSE MANAGERS OBSTRUCTION OF JUSTICE THEORY, EVEN UNDER
THEIR VERSION OF EVENTS. SO, THESE VERSIONS GET DISCARDED
TO ENSURE THAT THE HOUSE MANAGERS' BIG PICTURE DOESN'T GET
CLUTTERED BY ALL THOSE DETAILS. IT'S THOSE FACTS, THOSE
STUBBORN FACTS THAT JUST DON'T FIT. BUT THE MOST
SIGNIFICANT DETAIL THE MANAGERS DISCARD, BECAUSE IT DOESN'T
FIT, IS THE PRESIDENT'S TESTIMONY. THE PRESIDENT TESTIFIED
THAT HE TOLD MS. LEWINSKY THAT SHE HAD TO GIVE THE JONES'
LAWYERS WHATEVER GIFTS SHE HAD. WHY -- AS THE HOUSE
MANAGERS PREDICTED WE WOULD ASK, BECAUSE IT IS A QUESTION
THAT BEGS TO BE ASKED -- WHY WOULD THE PRESIDENT GIVE MS.
LEWINSKY GIFTS IF HE WANTED HER TO GIVE THEM RIGHT BACK?
THE ONLY REAL EXPLANATION IS HE TRULY WAS, AS HE TESTIFIED,
UNCONCERNED ABOUT THE GIFTS. THE HOUSE MANAGERS WANT YOU
TO BELIEVE THAT THIS GIFT GIVING WAS A SHOW OF CONFIDENCE,
THAT HE KNEW MS. LEWINSKY WOULD CONCEAL THEM. MILLS:
BUT THEN WHY, UNDER THEIR THEORY, ASK MISS CURRIE TO GO
PICK THEM UP? WHY NOT KNOW THAT MISS LEWINSKY IS JUST
GOING TO CONCEAL THEM? BETTER STILL, WHY NOT JUST SHOW HER
THE GIFTS AND TELL HER TO COME BY AFTER THE SUBPOENA DATE
HAS PASSED? IT SIMPLY DOESN'T MAKE SENSE. THE
PRESIDENT'S ACTIONS ENTIRELY UNDERMINE THE HOUSE MANAGERS'
THEORY OF ON INSTRUCTION OF JUSTICE. BUT LET'S CONTINUE
WITH THEIR VERSION OF EVENTS. THAT ANSWER, THE LET-ME-
THINK-ABOUT-IT ANSWER, THAT ANSWER LED TO ACTION. LATER
THAT DAY, MS. LEWINSKY GOT A CALL AT 3:32 P.M. FROM MS.
CURRIE WHO SAID, I UNDERSTAND YOU HAVE SOMETHING TO GIVE ME
OR THE PRESIDENT SAID YOU HAVE SOMETHING TO GIVE ME.
IT WAS THE PRESIDENT WHO INITIATED THE RETRIEVAL OF THE
GIFTS AND THE CONCEALMENT OF THE EVIDENCE. HERE IS WHERE
THE HOUSE MANAGERS HAVE DRAMATICALLY SHORTCHANGED THE
TRUTH. BECAUSE THE WHOLE TRUTH DEMANDS THAT MISS CURRIE'S
TESTIMONY BE PRESENTED FAIRLY. IN TELLING THEIR STORY,
THE HOUSE MANAGERS DO CONCEDE THAT THERE IS A CONFLICT IN
THE TESTIMONY BETWEEN MS. LEWINSKY AND MS. CURRIE. MILLS:
BUT THEY STRIVE MIGHTILY -- THEY STRIVE MIGHTILY TO GET YOU
TO DISREGARD MS. CURRIE'S TESTIMONY BY TELLING YOU THAT HER
MEMORY ON THE ISSUE OF HOW SHE CAME TO PICK UP THE GIFTS
WAS FUZZY -- FUZZY. IN PARTICULAR, MANAGER HUTCHINSON
TOLD YOU "I WILL CONCEDE THERE IS A CONFLICT IN THE
TESTIMONY ON THIS POINT WITH MS. CURRIE." MS. CURRIE IN
HER GRAND JURY TESTIMONY HAD A FUZZY MEMORY -- A LITTLE
DIFFERENT RECOLLECTION. SHE TESTIFIED THAT THE BEST SHE
COULD REMEMBER, MS. LEWINSKY CALLED HER, BUT WHEN SHE WAS
ASKED FURTHER, SHE SAID THAT MAYBE MS. LEWINSKY'S MEMORY IS
BETTER THAN HERS ON THAT ISSUE. THAT'S WHAT THE HOUSE
MANAGERS WANT YOU TO BELIEVE ABOUT MS. CURRIE. THAT'S NOT
PLAYING FAIR BY MS. CURRIE. IT'S NOT PLAYING FAIR BY THE
FACTS. WHY? BECAUSE MS. CURRIE WAS ASKED ABOUT WHO
INITIATED THE GIFT PICKUP FIVE TIMES. HER ANSWER EACH TIME
WAS UNEQUIVOCAL FIVE TIMES. FROM THE FIRST FBI INTERVIEW
JUST DAYS AFTER THE STORY BROKE IN THE MEDIA, TO HER LAST
GRAND JURY APPEARANCE, MS. CURRIE REPEATEDLY AND
UNWAVERINGLY TESTIFIED THAT IT WAS MS. LEWINSKY WHO
CONTACTED HER ABOUT THE GIFTS. MILLS: HER MEMORY ON
THIS ISSUE IS CLEAR. WHAT DOES SHE SAY? LET'S LOOK AT
EXHIBIT 3.
16:31:57 THE FIRST TIME SHE'S ASKED. LEWINSKY CALLED CURRIE AND
ADVISED SHE HAD TO RETURN ALL GIFTS CLINTON HAD GIVEN TO
LEWINSKY AS THERE WAS TALK GOING AROUND ABOUT THE GIFTS.
SECOND TIME. MONICA SAID SHE WAS GETTING CONCERNED AND SHE
WANTED TO GIVE ME THE STUFF THE PRESIDENT HAD GIVEN HER, OR
GIVE ME A BOX OF STUFF. IT WAS A BOX OF STUFF. THIRD
TIME. AND THIS WAS A PROSECUTOR ASKING MISS CURRIE THE
QUESTIONS: "PROSECUTOR: JUST TELL US FOR A MOMENT HOW
THIS ISSUE FIRST AROSE AND WHAT YOU DID ABOUT IT AND WHAT
MS. LEWINSKY TOLD YOU. "MISS CURRIE: THE BEST I
REMEMBER IT FIRST AROSE WITH CONVERSATION. I DON'T KNOW IF
IT WAS OVER THE PHONE OR IN PERSON. I'M NOT -- I DON'T
KNOW. SHE ASKED ME IF I WOULD PICK UP A BOX. SHE SAID
ISIKOFF HAD BEEN INQUIRING ABOUT THE GIFTS." FOURTH
TIME. "THE BEST I REMEMBER SHE SAID SHE WANTED ME TO HOLD
THESE GIFTS, HOLD THIS -- SHE MAY HAVE SAID GIFTS. I'M
SURE SHE SAID GIFTS, BOX OF GIFTS, I DON'T REMEMBER,
BECAUSE PEOPLE WERE ASKING QUESTIONS, AND I SAID, FINE."
FIFTH TIME. "THE BEST I REMEMBER IS MONICA CALLS ME AND
ASKS ME IF SHE CAN GIVE ME SOME GIFTS, IF I'D PICK UP SOME
GIFTS FOR HER."
16:33:07 MILLS: INDEED, THE LAST TIME, THE FIFTH TIME, WHEN A GRAND
JUROR COMPLETELY MISSTATED MS. CURRIE'S TESTIMONY REGARDING
HOW THE GIFT EXCHANGE WAS INITIATED, BY SUGGESTING THAT THE
PRESIDENT HAD DIRECTED HER TO PICK UP THE GIFTS, MS. CURRIE
WAS QUICK TO CORRECT THE JUROR.
16:33:26 THIS IS GRAND JUROR SPEAKING: "MS. CURRIE, I WANT TO COME
BACK FOR SECOND TO THE BOX OF GIFTS AND HOW THEY CAME TO BE
IN YOUR POSSESSION. AS I RECALL YOUR EARLIER TESTIMONY THE
OTHER DAYS, YOU TESTIFIED THAT THE PRESIDENT ASKED YOU TO
TELEPHONE MS. LEWINSKY. "IS THAT CORRECT?" "PARDON?
THE PRESIDENT ASKED ME TO TELEPHONE MISS LEWINSKY?" THE
JUROR: "IS THAT CORRECT." MS. CURRIE: "ABOUT?"
THE JUROR: "ABOUT THE BOX OF GIFTS. I'M TRYING TO RECALL
AND UNDERSTAND EXACTLY HOW THE BOX OF GIFTS CAME TO BE IN
YOUR POSSESSION." MS. CURRIE: "I DON'T RECALL THE
PRESIDENT ASKING ME TO CALL ABOUT A BOX OF GIFTS."
THE JUROR: "HOW DID YOU COME TO BE IN POSSESSION OF THE BOX
OF GIFTS?" MS. CURRIE: "THE BEST I REMEMBER, MISS
LEWINSKY CALLS ME AND ASKS ME IF SHE CAN GIVE ME SOME GIFTS
-- IF I'D PICK UP SOME GIFTS FOR HER." THE RECORD
REFLECTS THAT MS. CURRIE'S TESTIMONY ON THIS ISSUE WAS
CLEAR FIVE TIMES, EVERY TIME SHE WAS ASKED. MILLS:
WHAT, THEN, ARE THE MANAGERS TALKING ABOUT WHEN THEY SAY
THAT MS. CURRIE CONCEDED THAT MS. LEWINSKY MIGHT HAVE A
BETTER MEMORY THAN HERSELF ON THIS ISSUE? THEY'RE
TALKING ABOUT SOMETHING A LITTLE DIFFERENT. THAT WAS
WHETHER SHE, MS. CURRIE, HAD TOLD THE PRESIDENT THAT SHE
HAD PICKED UP THE BOX OF GIFTS FROM MS. LEWINSKY. LET'S
PUT IT IN CONTEXT. AFTER BEING ASKED THE SAME QUESTION
FOR THE FOURTH TIME, AND REITERATING FOR THE FOURTH TIME
THAT MS. LEWINSKY CONTACTED HER ABOUT THE GIFTS, THE
PROSECUTOR ASKED MS. CURRIE, "WELL, WHAT IF MS. LEWINSKY
SAID THAT MS. CURRIE SPOKE TO THE PRESIDENT ABOUT RECEIVING
THE GIFTS FROM MS. LEWINSKY?" MS. CURRIE RESPONDS,
"THEN SHE MAY REMEMBER BETTER THAN I. I DON'T REMEMBER."
NOT ONCE DID MS. CURRIE EQUIVOCATE ON THE CENTRAL FACT MS.
LEWINSKY ASKED HER TO RETRIEVE THE GIFTS. THE PRESIDENT
TESTIFIED CONSISTENT WITH MS. CURRIE'S TESTIMONY THAT HE
NEVER ASKED MS. CURRIE TO RETRIEVE THE GIFTS FROM MS.
LEWINSKY. MILLS: SO WHY IS MS. CURRIE'S TESTIMONY
DISTORTED AND DISCOUNTED BY THE HOUSE MANAGERS? THEY ARE
ASKING YOU TO MAKE ONE OF THE MOST AWESOME DECISIONS THE
CONSTITUTION CONTEMPLATES. THEY OWE YOU, THEY OWE THE
PRESIDENT, THE OWE THE CONSTITUTION, THEY OWE BETTY CURRIE,
AN ACCURATE PRESENTATION OF THE FACTS. BUT WHAT ABOUT
THAT SUPPOSEDLY CORROBORATING CELL PHONE CALL FROM BETTY
CURRIE TO MONICA LEWINSKY ON DECEMBER 28? THE MANAGERS
HIGHLIGHTED THIS CALL, WHICH THEY CLAIM IS THE CALL IN
WHICH MS. CURRIE TOLD MS. LEWINSKY THAT SHE UNDERSTOOD SHE
HAD SOMETHING FOR HER, THE GIFTS. THIS, THEY SAY, IS THE
LYNCH PIN THAT CLOSES THE DEAL ON THEIR VERSION OF THE
FACTS. WHAT THE MANAGERS DOWNPLAY, AS MR. RUFF
DISCUSSED YESTERDAY, IS THE FACT THAT THIS CALL TO ARRANGE
THE PICKUP OF THE GIFTS COMES AFTER THE TIME MS. LEWINSKY
REPEATEDLY TESTIFIED THAT THE GIFTS WERE PICKED UP BY MS.
CURRIE. IN CITING THE CELL PHONE RECORD AS CORROBORATION,
THEY ALSO DISREGARD MS. CURRIE'S TESTIMONY THAT SHE PICKED
UP THE GIFTS LEAVING FROM WORK ON HER WAY HOME. THAT WOULD
HAVE BEEN FROM WASHINGTON TO ARLINGTON. THAT IS
INCONSISTENT WITH A CALL FROM ARLINGTON. MILLS: MOST
SIGNIFICANTLY, THE MANAGERS PURPOSELY AVOIDED TELLING YOU
ABOUT THE LENGTH OF THE CALL. AS MR. RUFF POINTED OUT
YESTERDAY, THE CALL IS FOR ONE MINUTE, OR LESS. ACCORDING
TO MS. LEWINSKY'S OWN TESTIMONY WHEN SHE SPOKE TO MS.
CURRIE TO ARRANGE THE GIFT PICK-UP, THEY TALKED ABOUT OTHER
MATTERS AS WELL AS THE BOX. THEY HAD A CONVERSATION.
THAT'S A LOT OF TALK. "I HAVE A BOX, WHEN CAN YOU COME
PICK IT UP, WHERE DO YOU WANT ME TO MEET YOU," OTHER
CHITCHAT -- THAT'S A LOT OF TALK FOR A CALL THAT LASTS ONE
MINUTE OR LESS. IT'S ALL BUT INCONCEIVABLE THAT ALL
THIS TOOK PLACE IN THE CALL. SINCE MS. LEWINSKY -- SINCE
MS. CURRIE PLACED A CALL TO MS. LEWINSKY,
16:37:55 END OF TAPE.