UNITED STATES SENATE 1300 - 1400
THE SENATE IMPEACHMENT TRIAL AGAINST PRESIDENT BILL CLINTON
CONTINUES IN THE SENATE. THE SENATE MEETS IN TRIAL MODE TO HEAR
THE MOTIONS OF THE HOUSE MANAGERS.
REPRESENTATIVE ED BRYANT ARGUES ON SENATE FLOOR.
13:00:00 HOUR
12:59:33 CHIEF JUSTICE WILLIAM REHNQUIST OPENS. SENATE CHAPLAIN
LLODY OGILVIE OPENS W/ PRAYER. PROCLAMATION IS AL
REHNQUIST: The Senate will convene as a court of
impeachment. The chaplain will offer a prayer.
OGILVIE: Gracious God, these days here in the Senate are
filled with crucial issues, differences on solutions, and
eventually a vital vote in this impeachment trial.
We begin this day's session with a question that you asked
King Solomon, ask what shall I give you? We empathize with
Solomon's response. He asked for an understanding heart. We
are moved by the more precise translation of the Hebrew words
for understanding heart, meaning a hearing heart.
Solomon wanted to hear a word from you, Lord, for the
perplexities that he faced. He longed for the gift of wisdom so
that he could have answers and directions for his people.
We are moved by your response. "See, I have given you a
wise and listening heart." I pray for nothing less as your
answer for the women and men of this Senate. Help them to
listen to your guidance, and grant them wisdom for their
decisions.
All through our history as a nation, you have made good men
and women great when they humbled themselves, confessed their
need for your wisdom and listened intently to you.
OGILVIE: Speak, Lord, we need to hear your voice. We are
listening. Amen.
(UNKNOWN): Amen.
REHNQUIST: The senators will be seated. The sergeant at
arms will make the proclamation.
SERGEANT-AT-ARMS: Hear ye, hear ye, hear ye, all persons are
commanded to keep silent on pain of imprisonment while the
Senate of the United States is sitting for the trial of the
articles of impeachment exhibited by the House of
Representatives against William Jefferson Clinton, president of
the United States.
REHNQUIST: If there's no objection, the journal of
proceedings of the trial are approved to date.
The majority leader is recognized.
13:06:42
SENATE MAJORITY LEADER TRENT LOTT (R-MISS) OUTLINES THE DAILY PROCEEDINGS W/ AID FROM MINORITY LEADER TOM DASCHLE
LOTT: Thank you, Mr. Chief Justice.
If I could take just a moment to outline how the proceedings
will go this afternoon, I think that would answer any questions
that senators may have. We will, of course, continue the
consideration of articles of impeachment. I'm not aware of any
objections made during the depositions which would require
motions to resolve.
Therefore, I believe the House managers are prepared to go
forward with a motion that would have three parts. The first
would allow for the introduction of the depositions into
evidence. The second would call Monica Lewinsky as a witness.
And the third part would allow for a presentation period by the
parties for not to extend six hours. This motion would be
debated by the House managers and the White House counsel for
not to exceed two hours.
In addition, it's my understanding that Senator Daschle
intends to offer a motion that would provide for going directly
to the articles of impeachment for a vote.
DASCHLE: Would the majority leader ...
LOTT: I'd be glad to yield to Senator Daschle.
DASCHLE: The motion will allow for closing arguments, final
deliberations and then the motions on the two articles.
LOTT: Having said that, Mr. Chief Justice, in order the
managers to prepare a debate for the motions, I ask unanimous
consent that the House managers and the White House counsel be
allowed to make reference to oral depositions during their
debate on pending motions.
REHNQUIST: Is there any objection? In the absence of
objection, it's so ordered.
LOTT: Consequently, four votes then would occur in the 4
pm timeframe today with respect to these four motions. We
will take at least one break, maybe two between now and then and
that will determine exactly when that series of votes would
occur.
And once we begin the process of offering and debating the
motions, you know, we'll make a determination as exactly when
those breaks would occur. In addition, if the motion for
addition presentation time is agreed to by the Senate, it would
be my intention to adjourn the trial after today's deliberations
over until Saturday for the parties to make their preparations,
then to present their presentation of evidence on Saturday.
LOTT: The trial would then resume on Monday at 12 noon for
the closing arguments of the parties.
Again, I would remind all my colleagues to please remain
standing at their desks when the chief justice enters the
chamber and leaves the chamber.
I thank my colleagues for their attention and I believe we're
ready to proceed, Mr. Chief Justice.
13:09:18 SEARGEANT-AT-ARMS & REHNQUIST RECGONIZES HOUSE MANAGER CONGRESSMAN BILL MCCOLLUM (R-FLA).
REHNQUIST: The chair recognizes Mr. Manager McCollum.
MCCOLLUM: Mr. Chief Justice, I have a motion to be delivered
to the Senate.
REHNQUIST: The clerk will read the motion.
CLERK: "Motion of the United States House of
Representatives for the admission of evidence, the appearance of
witnesses and the presentation of evidence.
SERGEANT-AT-ARMS: Now comes the United States House of
Representatives by and through its duly authorized managers and
respectfully submits to the United States Senate its motion for
the admission of evidence, the appearance of witnesses and the
presentation of evidence in connection with the impeachment
trial of William Jefferson Clinton, president of the United
States.
The House moves that the transcriptions and videotapes of the
oral depositions taken pursuant to Senate Resolution 30, from
the point that each witness is sworn to testify under oath to
the end of any direct response to the last question posed by a
party, be admitted into evidence.
The House further moves that the Senate authorize and issue a
subpoena for the appearance of Monica S. Lewinsky before the
Senate for a period of time not to exceed eight hours. And in
connection with the examination of that witness, the House
requests that either party be able to examine the witness as if
that witness were declared adverse. That counsel for the
president and counsel for the House managers be able to
participate in the examination of that witness and that the
House be entitled to reserve a portion of its examination time
to reexamine the witness following any examination by the
president.
SERGEANT-AT-ARMS: The House further moves that the parties
be permitted to present before the Senate for a period of time
not to exceed a total of six hours, equally divided. All of
portions of the parts of the video tapes of the oral depositions
of Monica S. Lewinsky, Vernon E. Jordan, Jr., and Sidney
Blumenthal admitted into evidence. And that the House be
entitled to reserve a portion of its' presentation time.
13:11:22 MOTION BY LOTT & QUORUM CALL. REHNQUIST: The chair recognizes the majority leader.
LOTT: Mr. Chief Justice, I understand that the pending
motion is divisible. And as is my right, I ask that the motion
be divided in the following manner. That paragraph -- the first
paragraph be considered to be division one. The second
paragraph be considered division two. The final paragraph to be
considered division three.
REHNQUIST: The motion -- it will be divided in the manner
indicated by the majority leader.
LOTT: I yield the floor.
DASCHLE: Mr. Chief Justice, I suggest the absence of a quorum.
REHNQUIST: The clerk will call the roll.
13:12:02 graphic w/ eagle symbol reading quorum call.
(QUORUM CALL)
13:12:45
LOTT: Mr. Chief Justice?
REHNQUIST: The chair recognizes the majority leader.
LOTT: I ask the consent that the quorum call be dispensed with.
REHNQUIST: Is there any objection?
LOTT: And ...
REHNQUIST: In the absence of objection, it (OFF-MIKE)
LOTT : ... Mr. Chief Justice, I identified this as the first
paragraph to be considered division one. Actually, it should be
the second paragraph would be division one, third paragraph
division two, and the fourth paragraph would be division three.
I want that clarification.
Also, so that both sides will understand, the motion --
there's one motion, but we've divided it into three parts. So
there will only be two hours equally divided, one on each side;
not two hours equally divided on each one of the three
divisions.
We had one clarification, I believe we have cleared up, and I
believe now we're ready to hear from the managers, Mr. Chief Justice.
13:13:28 REHNQUIST RECOGNIZES MCCOLLUM DISCUSSION OF VIDEO DEPOSITIONS AND OTHER EVIDENCE INCLUDING DESIRE FOR WITNESS MONICA LEWINSKY TO APPEAR LIVE.
REHNQUIST ... well. The chair recognizes Mr. Manager McCollum.
MCCOLLUM: Mr. Chief Justice. As the first one up here
today, I have to fiddle with the microphone I guess. It's sort
of like testing and I apologize.
Mr. Chief Justice and members of the Senate, what we have
presented to you today is a three part motion, as Mr. Lott has
described it and as you heard read to you.
MCCOLLUM: We would like very much, as we always have, to
have all of the witnesses presented here live as we would
normally have in a trial, as the House has always believed that
it should have.
We came before you a few days recognizing the reality of that
and went forward with your procedures to request, not five, not
six, not 12, but three witnesses be deposed so that we might be
able to, in the discovery process you've allowed us, to gain the
depositions of those three witnesses.
Today, we're before you with motions first, to enter those
depositions and the video recordings of those depositions, into
evidence formally for your consideration because they've now
been accomplished.
Secondly, to request that you provide us with the opportunity
to examine Monica Lewitness (ph) -- Lewinsky live here as a
witness on the floor of the Senate and for you to allow us to
present the other two depositions to you in some format.
MCCOLLUM: And if you do not allow us the permission to have
Ms. Lewinsky live here to examine as a witness, to allow us to
present any or all portions of the depositions of all three of
them.
Now, I think that it's imminently fair that we be allowed to
present at least one witness live to you, the central witness in
the cast of this entire proceeding, and that's Monica Lewinsky.
I'm not here to argue all of that, my principal discussion with
you is going to be on the part dealing with just admitting these
into evidence. And then my colleagues Mr. Bryant and Mr.
Hutchinson and Mr. Rogan are going to present some complementary
discussion about the entire motion as we go through this.
But in the context of all of this, I think we have to
recognize a couple of things. One is that live witnesses are
preferable whether you have depositions or not. These were
discovery depositions. We would have liked to have asked for
all of them to be live, but we are recognizing reality by coming
down to one today.
MCCOLLUM: And the reasons are fairly straightforward. Some
of you have had the privilege, and I'm sure you've availed
yourself of the opportunity to look at the videotapes of these
depositions. And you see that they are indeed what most
depositions are. They are discovery. They have long pauses in
them. They're not at all like it would be in a trial itself.
You don't have the opportunity to fully see or explore with a
witness the demeanor, the temperament, the spontaneity, all of
those things that you normally get with an exchange. You have
the camera simply focused on the witness. You don't get to have
the interaction you get in a courtroom.
And remember again, that we're dealing here first with your
determining whether or not the president committed the crimes of
perjury and obstruction of justice, and then the question of
whether or not he should be removed from office.
So I believe and we believe as House managers that you should
at least let us have Monica Lewinsky here live for both of those
reasons.
I also want to make comments specifically about just
admitting these into evidence. There are two obvious reasons
why, beyond the question of whether the witness, a witness
should appear live, or whether we should use portions of them in
whatever fashion to present to you, that they certainly should
be part of the record.
MCCOLLUM: It seems self-evident. It is part of what you
gave us as the procedure to do. And it would seem to me that it
should be a mere formality for me to ask, but I cannot assume
anything -- we certainly do not -- that we let these depositions
into evidence.
And there are two reasons why. One is the historical basis
for this. There has to be a record, not only for you, but for
the public and for history, of the entire proceeding. There is
evidence in these depositions that needs to be a part of the
official record. And that evidence is not just the cold
transcript, but is also the videotape, with all of -- the
limited, albeit not satisfactory, portion of it that you can see
and observe, especially if you were to conclude we weren't going
to have any live witness here or were not going to allow us to
present these depositions. You certainly should allow the
depositions to be part of the record and the videotape part of
it.
MCCOLLUM: It's evidence. It's to be examined. It seems
self evident. But the second point is, as you're going to hear
more from my colleagues in just a moment, there is new evidence
in these depositions.
13:18:04 MCCOLLUM BRIEFLY DISCUSSES NEW EVIDENCE IN DEPOS
There's new factual record information that needs to be here
for you to decide the guilt or innocence question on the perjury
and obstruction of justice charges. One illustration I will
give you, and I'm sure my colleagues will give you plenty more,
one of them deals with the gift question.
We've talked about it a lot out here. Do you recall, with
regard to the question of the gifts, the issue is did the
president obstruct justice? Did he decide, in the Jones case --
in the Jones court, as a part of his course of conduct of trying
to keep from the court the nature of his relationship with
Monica Lewinsky, to keep the gifts hidden?
There is new information in the deposition relative to what
happened on the day those gifts were supposedly exchanged
between Monica Lewinsky and Betty Currie about the telephone
call.
MCCOLLUM: Again, I'm not going into the details of that.
I'll leave that for my colleagues to do, who took the
depositions and can tell you about them.
The point is, you could enumerate, and they will, new
evidence. There is significant relevant new evidence from the
Vernon Jordan deposition and from the Sidney Blumenthal
deposition.
So just on the record alone, just to put the depositions into
record, there can be nothing complete about this trial if we
don't at least do that -- at least do that.
And so with that in mind, having said that and urged you to
do that, I will yield to Mr. Bryant at this point in time, to
Manager Bryant.
13:19:32 CONGRESSMAN ED BRYANT (R-TENN) REMARKS WHY LEWINSKY SHOULD BE BROUGHT BEFORE THE SENATE LIVE.
REHNQUIST: The chair recognizes Mr. Manager Bryant.
BRYANT: Mr. Chief Justice, distinguished colleagues and
senators, I would encourage each of you to consider calling
Monica Lewinsky as the one live witnesses -- witness -- in this
proceeding.
BRYANT: Ms. Lewinsky continues to be in her own way an
impressive witness. As I spoke to you earlier, she does have a
story to tell. After all, no one knows more about the majority
of the allegations against the president -- other than, of
course, the president himself.
At her deposition, she appeared to be a different Monica
Lewinsky than the Monica Lewinsky with whom I had met a week
earlier. Unlike before, she was not open to discussion or fully
responsive to fair inquiry. She didn't volunteer her story.
She didn't tell her story. Rather, she was in a -- very guarded
in each response and almost protective. Her words were
carefully chosen and relatively few.
At times, the concepts that she discussed had the familiar
ring of another key witness to these proceedings, such as: it
wasn't a lie or wasn't false, it was misleading or incomplete;
truth is what one believes it is and may be different for
different people; truth depends on the circumstances.
As we progressed through her deposition Monday, I felt more
and more like one of the characters in the classic movie
"Witness for the Prosecution."
BRYANT: I was Charles Laughton. Ms. Lewinsky was Marlene
Dietrich. And the president was Tyrone Power. And if you're
familiar with this movie, you'll understand. And if you aren't,
you should see the movie.
(LAUGHTER)
However, there was and there still remains truth in her
testimony. Sometimes though, just like the president and now
Ms. Lewinsky, it is the literal truth only -- the most
restricted and stretched definition one can reach. And we all
know that the law frowns upon the manipulations such as this to
avoid telling the complete truth.
Two, her testimony is clearly tinted and some might even say
tainted by a mixture of her continued admiration for the
president; her desire to protect him; and her own personal views
of right and wrong.
BRYANT: And she was well represented in the deposition by
some of Washington's finest defense attorneys who had thoroughly
prepared her for all questions, as they should have, as well as
being present throughout the deposition to assist her.
In fact, the senator in charge of this particular deposition
had to worn these counsel not to coach and not to whisper to her
while she was attempting to answer the questions.
If you've seen this deposition, you've witnessed an effective
effort by a loyal supporter of the president to provide the very
minimum of truth in order to be consistent with her own grand
jury testimony, which is legally necessary for her to fulfill
the terms of her immunity agreement.
On the perjury article of impeachment, she reaffirmed the
specific facts which happened between her and the president on
more than one occasion, including November 15, 1995, their first
encounter when the president's conduct fit squarely within the
four corners of the term sexual relationship as defined in the
Jones lawsuit.
And this is opposition to the president's own sworn testimony
of denial. But this is one of the clearest examples of the
president's guilt of this charge of perjury.
Now, it's not about this twisted definition that the
president assigned to the term "sexual relations."
BRYANT: Rather it's his word against her word as to whether
this specific conduct occurred.
Even under his own reading of this definition, he agrees that
that specific conduct, if it occurred, would make him guilty of
sexual relations within that definition. But he simply says, I
did not do that. She says, you did do that. A he said/she said
case.
But this is why it's important for you to be able to see Ms.
Lewinsky in person. In the deposition you will observer her as
having to affirm her prior testimony. She had to affirm her
prior testimony, because that was what was in the grand jury.
And because of this, she could not back away at all on her
testimony, and she couldn't bend it here or there and she
couldn't shade it in the president's favor. So what you have is
a person whom you may well conclude is still wanting to help the
president, having to admit to testimony that would do damage to
the president -- a very difficult situation for her. But yet
this same difficulty lends this portion of her testimony great
credibility.
BRYANT: With respect to the other article of impeachment on
obstruction of justice, her credibility is again bolstered by
her reluctance to do legal harm to this president.
In the end, though, she does admit that he called her early
one morning in December of 1997, actually at 2:00 in the
morning, and told her that she was on the witness list, and he
told her that she might be able to file an affidavit to avoid
testifying. And he told her that she could always use the story
that he was -- she was bringing papers to him or coming up to
see Ms. Currie.
Now, we know that she did not carry papers to him on these
visits other than personal, private notes from her to him. And
Ms. Lewinsky indicated in the deposition that she didn't carry
him official papers, although she did pass along this cover
story of carrying papers to her attorney Mr. Carter.
She testified also that she discussed the draft affidavit
with Mr. Jordan; the changes were made.
BRYANT: She offered the president the opportunity to review
it. He declined. And according to Ms. Lewinsky, he never
suggested any way that she could file a truthful affidavit
sufficient to skirt -- avoid having to testify -- this in spite
of his answer to this Senate, where he told you that he might
have had a way for her to file a truthful affidavit and still
avoid testifying in the Jones case.
Yes, you can parse the words and you can use legal
gymnastics, but you cannot get around the filing of the false
affidavit in an effort to avoid appearing in the Jones case and
possibly providing damaging testimony against the president.
Ms. Lewinsky confirmed positively that Ms. Currie initiated
the telephone call to her on December the 28th, 1997, stating
words, and this is about the gift -- the gifts: "I understand
you have something for me."
BRYANT: Then Ms. Currie drove over to Ms. Lewinsky's home
and picked up the box of gifts.
Now remember, this occurred on the heels of Ms. Lewinsky's
conversation with the president that very morning about what she
might do with the gifts. Now the only -- the only explanation
that the president -- is that the president is directly involved
himself in the obstruction of justice by telling Ms. Currie, who
otherwise knew nothing about this earlier conversation, to
retrieve these items from Ms. Currie -- from Ms. Lewinsky.
Now Ms. Lewinsky said there was no doubt that Ms. Currie
initiated the call to retrieve the gifts. And also recall that
the president's testimony from his side was that this
conversation occurred earlier in the day with Ms. Lewinsky but
that he had told her that she would have to turn over whatsoever
-- whatever gifts that she had.
Now, with that advice from the president, it would be totally
illogical for Ms. Lewinsky to have then called Ms. Currie that
same day and ask her to come pick up and hold these gifts. By
calling Ms. Currie, Ms. Lewinsky would have been going against
the direct instruction of the president to surrender any and all
gifts.
BRYANT: The fact, the logic and common sense tell us all
that the president's version is not true, and that he obstructed
justice here.
Ms. Lewinsky also testified at the deposition about the job
at Revlon and obtaining a job offer within two days of signing
the affidavit. She also denied that she was a stalker, as the
president had described her in a conversation with Mr.
Blumenthal in January of 1998.
She also denied that she threatened the president or
attempted to threaten the president into having an affair. She
denied that he rebuffed her on the occasion of their first
encounter on November 15, 1995.
Again, all false statements that the president made to Mr.
Blumenthal about her with knowledge that Mr. Blumenthal would be
testifying in a grand jury, thereby obstructing justice.
BRYANT: Now the former lawyers and judges among us are
familiar with what is called the best evidence rule. Stated
simply, the court always prefers the best available evidence to
be used. In-person testimony is better than a video deposition,
which itself is better than the written transcript of a
deposition.
When all three forms of testimony are available, as they are
in this situation, the court will most often require the witness
to testify in person, over the video deposition or over the
written transcript of the deposition.
In closing, I know we all want to work within the Senate
rules and we all want to ensure that these proceedings are
concluded in a constitutional fashion by the end of next week.
13:29:46 HOUSE MANAGER CONGRESSMAN ED BRYANT (R-TENN)
MAKES CASE FOR BRINGING IN LIVE WITNESSES & DISCUSSES VIDEOTAPE DEPOS
and further, that we use the two depositions,
the video depositions of Mr. Jordan and Mr. Blumenthal, in lieu
of their personal attendance.
In the event the Senate does not call Ms. Lewinsky, we also
ask that we be permitted to use all or portions of her
deposition just as we would the other two depositions.
And finally, several senators have sent out a letter to the
president inviting him to come here and to provide his testimony
if he so chooses. In the event he should accept, Ms. Lewinsky
likewise should be afforded the same opportunity. They continue
to be the two most important and essential witnesses for you and
the American people to hear in order to finally -- to finally --
resolve this matter.
BRYANT: Permit us all to return to our districts, and you to
your states, and tell our constituents that we considered the
full and the complete case, including live witnesses, and in
your case, made your votes accordingly.
At this time I would yield to my colleague from Arkansas, Mr.
Hutchinson.
13:30:52 MANAGER CONGRESSMAN ASA HUTCHINSON SPEAKS
& DISCUSSES EXHIBITS AS WELL AS VERNON JORDAN.
REHNQUIST: The chair recognizes Mr. Manager Hutc
HUTCHINSON: Thank you, Mr. Chief Justice.
Ladies and gentlemen of the Senate, in an effort to be
helpful I've asked the pages to distribute to you some exhibits
that I'll be referring to as I consider the testimony that we
are presenting to you.
There's two aspects to an impeachment trial. There's the
truth- seeking responsibility, which is the trial, in my
judgment, and then there is the conclusion: The judgment, the
verdict, the conviction or the acquittal. And if you look at
those two phases of a trial, the latter is totally your
responsibility. We leave that completely in your judgment.
HUTCHINSON: And if you look at those two pages of the trial,
the latter is totally your responsibility. We leave that
completely in your judgment.
But the first responsibility of the fact finding -- of the
truth seeking endeavor -- I feel some responsibility in that
regard, and that's -- hopefully our presentation is helpful in
seeking the truth.
And I know, as Mr. Bryant mentioned, that we all want to
bring this matter to a conclusion. We want to see the end of
the story. We want to have a final chapter in this national
drama.
And I understand that and agree with that, but let's not,
because we're in a hurry to get to the judgment phase, let's not
let that detract, let's not let that shortchange nor diminish
the importance of the presentation and consideration of the
facts.
And that's what, I think, is very important as we consider
this motion that's before us.
Now, it's my responsibility to talk about Mr. Vernon Jordan
and the need for your consideration of his testimony that we
have simply -- we have recently deposed.
HUTCHINSON: I deposed Mr. Vernon Jordan, Jr. and I would
recommend that that be received into evidence as part of the
Senate record. I took this deposition under the able guidance
of Senator Thompson and Senator Dodd. The questioning took
place over almost three hours, with numerous and extraneous
objections on behalf of the president's lawyers, most of which
were resolved.
I believe that the testimony of Mr. Jordan goes to the key
element in the obstruction of justice article. And even though
it's just one element that we're dealing with, it is a very
important element because it goes to the connection between the
job search, the benefit provided to a witness, and the solicited
false testimony from that witness.
HUTCHINSON: I believe the testimony of Mr. Jordan is
dramatic in that it shows the control and direction of the
president of the United States in the effort to obstruct
justice.
I believe the testimony of Mr. Jordan provides new evidence
supporting the charges of obstruction and verifying the
credibility of Ms. Lewinsky.
The testimony, in addition, is the most clear discussion of
the facts reflecting Mr. Jordan's actions in behalf of the
president, and the president's direction and control of the
activities of Mr. Jordan, and therefore they support the
allegations under the articles of impeachment.
Now let me make the case for you. If you have the president
of the United States personally directing the effort to obtain a
job for Ms. Lewinsky, which is a benefit to a witness, and
simultaneously, Ms. Lewinsky is under subpoena as witness in the
case; and thirdly, in addition, the president is suggesting
means to that witness to avoid truthful testimony, as evidenced
by the December 17 conversation and the suggestion of the
affidavit, then the collusion that you have a corrupt attempt to
impede the administration of justice and the seeking of truth
and the facts in a civil rights case.
HUTCHINSON: Now, let me go to the testimony of Mr. Jordan.
And has that been distributed now? Good.
And let me give a caveat here, particularly to my colleagues,
the counselors for the president, that this summary of the
portions of the testimony of Mr. Jordan are based upon my
handwritten notes, and so please don't blow it up in a chart if
there is some discrepancy. I believe this is in good faith,
accurate, but I do not have a copy of the transcript.
HUTCHINSON: I was required to go to a Senate chamber and
actually take notes in order to prepare this.
But there's a number of areas that I think are relevant and
are new information and are very important for your
consideration, but let me just touch upon five areas.
The first one is the job search and Mr. Jordan being an agent
of the president. And in the deposition, Mr. Jordan testified
that there is no question but that through Betty Currie, I was
acting on behalf of the president to get Ms. Lewinsky a job.
He goes on to say, I interpreted the request -- referring
from Betty Currie -- as a request from the president.
And then he testified that there was no question that he
asked me to help -- referring to the president. And that he
asked others to help, and I think that is clear from everybody's
grand jury testimony.
And so, the question as to whether the information and the
request came from Betty Currie, or whether it came directly from
the president, there is no question but that Mr. Jordan was
acting at the request of the president of the United States and
no one else.
HUTCHINSON: In fact, he goes on to say that the fact is, "I
was running the job search, not Ms. Lewinsky. And therefore,
the companies that she brought or listed were not of interest to
me. I knew where I would need to call."
And this is very important. There's been reference, well, he
was simply getting a job referral; making a referral for routine
employment interview by this person, Ms. Lewinsky. But in fact,
it's clear that Mr. Jordan knew who he wanted to contact. He
was running the job search as he testified to.
And then he testified, question: You're acting on behalf of
the president when you are trying to get Ms. Lewinsky a job and
you were in control of the job search?
The answer is yes.
And now -- so that's one area and it's important to establish
that he was an agent for the president. Secondly, there was the
witness list that came out December 5.
HUTCHINSON: The president knew about it, at the latest, on
December 6. And yet, he had two meetings with Mr. Jordan on the
December 7 and on December 11, and in neither one of those
meetings was it disclosed to Mr. Jordan that Monica Lewinsky was
a witness.
And I'm referring to the second page of the exhibits I've
handed from you.
Then which, Mr. Jordan testified to that effect.
Question: And on either of these conversations I have
referenced that you had with the president after the witness
list came out, your conversation on December 7 and your
conversation sometime after the 11th, did the president tell you
that Ms. Monica Lewinsky was on the witness list in the Jones
case?
Answer: He did not.
Question: Would you have expected the president to tell you
if he had reason to believe that Ms. Lewinsky would be called as
a witness in the Paula Jones case?
Answer: That would have been helpful.
Question: So, it would have been helpful and it was
something you would have expected?
Answer: Yes.
And even though it would have been helpful, he would have
expected the president to tell him that information.
HUTCHINSON: It was not disclosed to him. And the -- the
materiality, the relevance of that, is that you have the
president controlling a job search, knowing that this is a
witness in which we're trying to provide a benefit for, and yet
the person that he's directing to get the job for Ms. Lewinsky,
he fails to tell Mr. Jordan a key fact, that she is in fact a
witness, an adverse witness, in that case.
And so I think that's an important area of his testimony.
The third area: keeping the president informed. Very clear
testimony about the development of the job search, the Lewinsky
affidavit that was being prepared and the fact that it was
signed.
On the third page that I've provided to you, Mr. Jordan's
testimony: "I was keeping him, the president, informed about
what was going on, and so I told him."
He goes on further to say: "He" -- referring to the
president -- "was obviously interested in it."
And then the question I believe was: What did you tell the
president when the affidavit was signed?
HUTCHINSON: And his answer, "Mr. President, she signed the
affidavit. She signed the affidavit."
And so was there any connection between the job benefit that
was provided and the affidavit that was signed in reference to
her testimony? Clearly, it was something -- the president not
only directed the job search, but he was clearly interested,
obviously concerned, receiving regular reports about the
affidavit.
And then the fourth area is the information at the Park Hyatt
that was developed. Now, to lay the stage for this -- and I'll
do this very briefly -- if you look at page four, you see the
previous testimony of Mr. Jordan before the grand jury in March.
And that time, the question was asked to him, "Did you ever
have breakfast or any meal for that matter with Monica Lewinsky
at the Park Hyatt?" His answer was no. It was not equivocal,
it was indubitably no.
And he was further asked, you know, he testified "I have
never had breakfast with Monica Lewinsky."
HUTCHINSON: And then on page five, he goes on in the May
28th grand jury testimony: "Did you at any time have any kind
of a meal at the Park Hyatt with Monica Lewinsky?" His answer
is "no."
And so that sets the stage because in Ms. Lewinsky's
testimony, as evidenced by page six of your exhibits, she
testified in August, after the last time Mr. Jordan testified,
very clearly about this meeting on December 31st at the Park
Hyatt with Mr. Jordan where they had breakfast.
And the discussion was about Linda Tripp. And then the
discussion went to the notes from the president, and she said
"no, it was notes from me to the president." And Mr. Jordan
told her, according to her testimony, "go home and make sure
they're not there." That is Ms. Lewinsky's testimony.
It was important to ask Mr. Jordan about this, and I assumed
that we would of course get simply a denial, sticking with the
previous grand jury testimony that unequivocally no, that
meeting never happened; we never had breakfast at the Hyatt.
HUTCHINSON: On page seven, you will notice that Ms.
Lewinsky, in her testimony, specifically identified even what
they had for breakfast. And so, the investigation required us
to go out and get the receipt at the Park Hyatt, which is page
eight.
And the receipt showed that there was a charge on December 31
by Mr. Jordan that included every item for breakfast that
corroborated the testimony of Ms. Lewinsky as to her memory;
that is, the omelet they had for breakfast.
And so, it's tightening here. The evidence is becoming more
clear, unequivocal but that this meeting occurred. And so, we
had to ask this to Mr. Jordan, and this is page nine.
And of course I presented the Park Hyatt receipt. I
presented the testimony of Ms. Lewinsky and his testimony, which
is page nine: "It is clear, based on the evidence here, that I
was at the Park Hyatt on December 31st, so I do not deny,
despite my testimony before the grand jury, that on December
31st, that I was there with Ms. Lewinsky. But I did testify
before the grand jury that I did not remember having a breakfast
with her on that date, and that was the truth."
HUTCHINSON: But what amazed me was as you go through the
questions with him, all of a sudden, he remembered the
breakfast, but all of a sudden he remembered the conversation in
which he, before said it never happened at all. And his
testimony was, when asked about the notes, "I am certain that
Ms. Lewinsky talked to me about the notes."
And so I think there's a number of relevant points here.
First of all, you reflect back on the testimony of Ms. Lewinsky
in this same deposition, in which she was asked the question:
Getting Mr. Jordan's approval was basically the same as getting
the president's approval.
HUTCHINSON: Her answer: "Yes."
And so that's how Ms. Lewinsky viewed this, and this is what
was told to her at this meeting on Park Hyatt. And it goes to
the credibility, it goes to what happened, it goes to the
obstruction of justice, it is extraordinarily relevant, it is
new information, it is what was developed because this Senate
granted us the opportunity to take this further deposition of
Mr. Jordan and the other witnesses.
And there's other, you know, the fifth point is that it goes
to -- the testimony goes to the interconnection between the job
help and the testimony that was being solicited from Ms.
Lewinsky.
And so why is the presentation necessary? Some of you might
even think: Well, thank you very much for that explanation
you've given to us, now we have all the facts, let's go on and
vote.
Well, I do think that there is some -- first of all, that
this is not all. There's much more there. I just have a moment
to develop a portion of Mr. Jordan's testimony that I believe is
helpful.
HUTCHINSON: But secondly, it tells a story that's never been
told before.
Now, I went and saw the videotape, and I was underwhelmed by
my questioning, because it's just not the same. I thought we
had a dynamic exchange. But then when I saw it on videotape,
and I'm nowhere to be found, you get to look at Mr. Jordan, a
distinguished gentleman. But it's still helpful,
notwithstanding the difficulty of a video presentation.
And I would respectfully request this body to develop the
facts fully, to hear the testimony of Mr. Jordan, to allow him
to explain this. It tells a story start to finish on this one
aspect of obstruction of justice that is critical to your
determination. And so, I would ask your concurrence in the
approval of the motion that's been offered to you.
13:45:00 CONGRESSMAN JAMES ROGAN (R-CALIF)
ADDRESSES AUDIENCE & DISCUSSES Depositions NAMELY CLINTON
FRIEND SIDNEY BLUMENTHAL .
And at this time I'd yield to Manager Rogan.
REHNQUIST: The chair recognizes Mr. Manager Rogan.
ROGAN: Mr. Chief Justice. Members of the Senate, yesterday
along with Mr. Manager Graham, I had the privilege of conducting
the deposition of Sidney Blumenthal, assistant to the president.
ROGAN: That deposition was presided over by the senior
senator from Pennsylvania and the junior senator from North
Carolina and on behalf of the House managers, and I'm also sure,
White House counsel. We thank them for the able job that they
did.
This deposition must be played for members of the United
States Senate. And if one senator has failed to personally sit
through this deposition and every deposition, that senator is
not equipped to render a verdict on the impeachment trial of the
president of the United States.
Now, I will address very briefly just a couple of the reasons
why I believe that Mr. Blumenthal's deposition warrants being
played before this body. But to do it, it needs to be put in
perspective.
Remember what the president of the United States testified to
on the day he was sworn in as a witness before the grand jury.
ROGAN: He said that in dealing with his aides he knew that
there was a potential that they could become witnesses before
the grand jury and that is why he told them the truth. That is
the president's own word, the truth.
Mr. Blumenthal's deposition paints a totally different
picture and gives a terribly different interpretation of what
the president was doing in passing along false stories to his
aides.
Now, we've been treated to a number of euphemisms by the
distinguished White House counsel during this presentation as to
what the president was doing during his grand jury. They have
described his testimony as maddening. They've described his
testimony as misleading and unfortunate.
ROGAN: But the one thing they've never described it as is a
lie. Mr. Blumenthal gave a totally different take on that,
because he testified under oath that upon reflection, he
believes the president was not maddening to him. The president
lied to him. And he testified so for a very good reason.
Remember Sidney Blumenthal testified three times before the
grand jury in 1998. He testified in February and twice in June.
But that testimony was in a vacuum because each time he
testified before the grand jury, we were still in a national
state of at least presumptorily believing that the president had
told the truth. The president had made an emphatic denial as to
the Monica Lewinsky story. There was no physical evidence
presented to the FBI lab at the time Mr. Blumenthal testified.
And Monica Lewinsky was not cooperating with the grand jury.
So we know that certain questions were not asked of him
during his grand jury testimony because of the status of the
facts as we thought they were.
ROGAN: But Mr. Blumenthal shed some incredible new light on
the testimony that we received yesterday from him. He said,
first of all, after I was subpoenaed, but before I testified
before the grand jury, once in February and twice in June, with
the president knowing he was about to be a witness before the
grand jury, a criminal grand jury investigation, the president
never came to him and said, Mr. Blumenthal, before you go and
provide information in a criminal grand jury investigation, I
need to recant the false stories I told you about my
relationship with Monica Lewinsky.
ROGAN: And he testified about those false stories. He
corroborated his own testimony from earlier proceedings. You
will recall from the record that the day the Monica Lewinsky
story broke in the national press, Mr. Blumenthal was called to
the Oval Office by the president.
The door was closed. They were alone. And this is what the
president told Sidney Blumenthal about the revelations that were
breaking that day on the national press wires. He said that
Monica Lewinsky came at me and made a sexual demand on me.
ROGAN: The president said he rebuffed her. He said I've
gone down that road before. I've caused pain for a lot of
people. I'm not going to do that again. The president said
Monica Lewinsky threatened him.
She said she would tell people they had an affair. That she
was known as the stalker among her colleagues and that she hated
it. And that if she had an affair or said she had an affair,
then she wouldn't be the stalker any more and the testimony goes
on. You're all familiar with it at this point.
The president of the United States allowed his aide to appear
three times before a federal grand jury conducting a criminal
investigation The president of the United States allowed his aide to
three times before a federal grand jury conducting a criminal
investigation and never once did the president of the United
States inform that aide before providing that information to the
investigatory body, never once asked the aide -- or told the
aide that that was false information.
Mr. Blumenthal's testimony demonstrates that the president of
the United States used a White House aide as a conduit for false
information before the grand jury in a criminal investigation.
I just want to make one other brief point before I close this
presentation, because I think it needs to be said. I am in no
position to lecture any of the distinguished members of this body on
founders intended in drafting the Constitution.
ROGAN: I believe all of us in this room have an abiding
respect for that. But there are a couple of points that need to
be made. I believe there is a reason the founders drafted a
document that allows us the opportunity in every trial
proceeding in America to confront and cross-examine live
witnesses. It is because that gives the trier of fact the
opportunity to gauge the credibility and the demeanor of the
witnesses.
We've discussed that at length during these proceedings. But
one thing we haven't discussed and one thing that I think is
important, not from the House managers' perspective, but from
the perspective of history and the history that will be written
on the ultimate verdict in this case. And that is the idea of
open trials.
There is a reason why the founders looked askance on the
concept of secret trials and closed trials. There is a reason
why in every courtroom across the land, trials are open. They
are open -- it is an open process. The light of truth is
allowed to be shown on the courtroom and from the courtroom
because we don't trust the credibility of a verdict if it's done
in secret.
What will be the verdict on this proceeding if the judgment
of this body is based upon testimony and witnesses on videotapes
locked in a room somewhere, available only to the triers of
fact, without the public being privy to what was made available?
Ladies and gentlemen of the Senate, I would urge you not for
the sake of the managers and not for the sake of the
presentation of the case, but for the sake of this body and for
the verdict of history that will be written, to please allow
this to be a public trial in the real sense. If the witnesses
will not be brought here live before the Senate, please allow
the doors of the Senate to be open so that the testimony upon
which each of you must base your verdict will be made available
not only to all 100 senators, but will be made available to
those who will make the ultimate judgment as to the
appropriateness of the verdict -- the American people.
13:53:15
REHNQUIST RECOGNIZES CONGRESSMAN LINDSEY GRAHAM
DISCUSSES BLUMENTHAL DEPOSITION & CASE FOR BRINGING IN LEWINSKY
LIVE BEFORE CONGRESS.
ROGAN: Mr. Chief Justice, at this time I yield to Mr. Manager
Graham.
REHNQUIST: The chair recognizes Mr. Manager Graham.
GRAHAM: Mr. Chief Justice, how much time do we have
remaining?
REHNQUIST: You've consumed 37 minutes. You -- your
colleagues have, yes.
GRAHAM: Thank you.
Ladies and gentlemen of the Senate, not a whole lot to add,
but I would like to recognize this thought, that we've learned a
great deal in these depositions, and thank you for letting us
have them. We didn't get everything we wanted, I think that's a
fair statement, but who does in life?
But we do appreciate you giving us the opportunity to explore
the testimony of these witnesses, because I think it will be
helpful in setting the historical record straight.
Mr. Blumenthal, to his credit, said the president of the
United States lied to him, the president of the United States
did lie to him. The president of the United States in his grand
jury testimony denied ever lying to an aide. That will be
historically significant, it should be legally significant.
Mr. Blumenthal, to his credit, said that the president of the
United States tried to paint himself as a victim of Ms.
Lewinsky. That will be legally and historically relevant and it
will mean a lot in our arguments and it will be something you
should consider.
This has been a good exercise. Thank you very much for
letting us depose these witnesses.
I was not at the other two depositions, but I was at Mr.
Blumenthal's deposition, and I can assure you we know more now
about what the truth is than before we started this process.
GRAHAM: And I hope at the end of the day it is our desire to
get to the truth that guides us all.
We're asking for one live witness, Ms. Lewinsky. And let me
tell you, I know how difficult it is to want this to go on,
given where everybody is at in the country. Trust me. I want
this to end as much as you do.
However, there's a signal we're going to send if we don't
watch it. We're going to make the independent counsel report
the impeachment trial, and I'm not so sure that's what the
statute was written for.
The key difference between the House and the Senate is that
the White House never disputed the facts over in the House.
They never disputed the facts. They call 15 witnesses to talk
about process and about the interpretations that you would want
to put on those facts. In their presentation to the Senate,
everything is in dispute. It is totally a different ball game
here. That's why we need witnesses, ladies and gentlemen, to
clarify who said what, who's being honest, who's not, and what
really did happen in this sordid tale.
GRAHAM: Ms. Lewinsky comes before us because the allegations
arise that the president of the United States, with an intern,
had an inappropriate, workplace sexual relationship that was
discovered in a lawsuit where he was a defendant.
This was not us or anyone else trying to look into the
president's private life for political reasons or any other
reason. It was a defendant in a lawsuit asking to look at the
behavior of the defendant in the workplace, something that goes
on every day in courtrooms throughout the country.
And is it uncomfortable?
GRAHAM: Yes, it is uncomfortable. If you've ever tried a
sexual harassment case, an assault case, or a rape case, it is
very much uncomfortable to have to listen to these things. But
the reason that people are asked to do what you're asked to do
by the House managers is that the folks that are involved
represent themselves much better than lawyers talking about what
happened.
And if you find it uncomfortable listening to Ms. Lewinsky,
think how juries feel; think how the victims feel; think how
somebody like Ms. Jones must feel not to be able to tell the
story of the person they're suing.
That is a signal that's going to be sent here that would be a
devastatingly bad signal.
GRAHAM: If we can't stomach to listen to inappropriate
sexual conduct, why do we put that burden on anyone else? Give
us this witness. We will do it in a professional manner. We
will focus on the obstruction. We will try to do it in a way
not to demean the Senate. We will try to do it in a way not to
demean Ms. Lewinsky. We will try to do it in a way to get to
the truth. Please give us a chance to present our case in a
persuasive fashion. Because unlike the House, everything is in
dispute here.
Thank you very much.
I yield back and reserve the balance of my time.
13:58:11
REHNQUIST RECOGNIZES WHITE HOUSE COUNSEL GREG CRAIG
CRAIG OPENING REMARKS.
REHNQUIST: The House managers reserve the balance of their
time.
The chair recognizes counsel for the president, Mr. Craig.
CRAIG: Ladies and gentlemen of the Senate, I've divided my
presentation into three parts that fortunately correspond to the
three parts of the motion that is before you today.
I'd like first to argue against admitting videotape evidence
into the record of this trial.