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The President on Trial: Sifting Through the Evidence

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Article II, Charges 1 & 2: Greasing the Wheels?

(1) On or about December 17, 1997, William Jefferson Clinton corruptly encouraged a witness in a Federal civil rights action brought against him to execute a sworn affidavit in that proceeding that he knew to be perjurious, false and misleading.

(2) On or about December 17, 1998, William Jefferson Clinton corruptly encouraged a witness in a Federal civil rights action brought against him to give perjurious, false and misleading testimony if and when called to testify personally in that proceeding.

Clinton repeatedly told the grand jury that he never asked anybody, including Lewinsky, to lie. Lewinsky told the grand jury (in a comment footnoted in the Starr report) that "no one ever asked me to lie and I was never promised a job for my silence."

But, according to Article II, Clinton allegedly "encouraged" Lewinsky to file a false affidavit in the Paula Jones case and to give "perjurious, false and misleading" testimony if asked to testify.

This encouragement allegedly occurred during a December 17, 1997 late-night phone call between Clinton and Lewinsky.

In the course of their call, Lewinsky said, they discussed her name appearing on the witness list in the Jones case. Clinton apparently suggested to her, "Well, maybe you can sign an affidavit," and, according to Lewinsky, told her that it would help her avoid testifying in person.

The obvious problem with the allegation is that, beyond what's already documented in their testimony, only Clinton and Lewinsky can say for sure exactly what transpired during this conversation. Moreover, most of Lewinsky's statements about the call, while not quite contradictory, are effectively self-cancelling.

For example, she told the grand jury that Clinton reminded her about their previous ruses to hide their relationship, specifically suggesting to her, "You can always say you were coming to see Betty or that you were bringing me letters." But she insisted she didn't know whether it came up "before or after the subject of the affidavit."

Clinton told the grand jury he could "not recall saying anything like that in connection with her testimony."

Lewinsky said she understood, after that conversation, that her affidavit might need to range anywhere from "mentioning...innocuous things" to "maybe having to deny any kind of a relationship." Still, she insisted, no one told her to lie.

As far as discussing the Jones case during that call, Clinton told the grand jury, "I said, you have to get a lawyer. And that's all I said. And I never asked her to lie."

Indeed, nothing in her testimony indicates he asked her to lie outright. It points at best to some sort of subtle hint by Clinton that she should conceal their relationship. But that leaves little concrete evidence of obstruction.

Clinton's guilt on this point would likely rest in any desire he had to convince Lewinsky to lie, but there is almost no clear evidence regarding his intentions here.

Additional testimony — presumably by Lewinsky — during the Senate trial might help illuminate this conversation and the circumstances surrounding it.


Introduction
Article I
Charges 1 & 2: What is Sex? | Charge 3: Speak No Evil, Hear No Evil? | Charge 4: A Man of Influence? | In Sum...A Man of Honor?
Article II
Charges 1 & 2: Greasing the Wheels? | Charge 3: The Trail of the Gift Horse | Charge 4: Escape to New York | Charge 5: Speak No Evil, Hear No Evil? (Part II) | Charge 6: The Four Questions | Charge 7: An Influential Man (Pt. II) | In Sum...All or Nothing?
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