{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}
SIDE, I WON'T SPEAK FOR WILL THE MANAGERS -- TO HAVE THE
OPPORTUNITY FOR REASONABLE FAIR AND OPEN DISCUSSION VOLUNTARILY
WITH ANY WITNESS WHO WILL TALK WITH US, NOT -- NOT TO BE TOO
RHETORICAL ABOUT THIS -- WITH THE LOOMING PRESENCE OF THE
PROSECUTORS SITTING IN THE ROOM WITH US. AS EVERYONE WHO
PRACTICES IN THIS DISTRICT KNOWS, INDEED IT IS A MATTER OF LAW
THAT A PROSECUTOR MAY NEVER INTERFERE WITH THE ACCESS OF ANY
{10:45:35} (MR. RUFF) { NOT AN OFFICIAL TRANSCRIPT }
WITNESS TO DEFENSE COUNSEL. I CAN'T THINK OF MUCH MORE
INTERFERENCE THAN BEING REQUIRED TO SIT IN THE ROOM WITH THE
PROSECUTOR AND WITH ANOTHER PROSECUTOR, WHILE THAT KIND OF
DISCUSSION GOES ON.
SO THE ANSWER IS: FAIRNESS, NO. IF IT IS MY ONLY OPPORTUNITY TO
MEET WITH MS. LEWINSKY, I'LL TAKE IT, BUT I TRUST AS A MATTER
OF DREW PROCESS, IT WILL NOT BE. -- MATTER OF DUE PROCESS, IT
{10:46:10} (MR. RUFF) { NOT AN OFFICIAL TRANSCRIPT }
WILL NOT BE.
{10:46:16 NSP} (MR. CHIEF JUSTICE) { NOT AN OFFICIAL TRANSCRIPT }
MR. CHIEF JUSTICE: THIS IS A QUESTION FROM SENATORS DEWINE,
COLLINS AND MURKOWSKI TO THE
HOUSE MANAGERS: WITH ALL OF THE CONFLICTING TESTIMONY THAT
EXISTS ON THE RECORD BETWEEN MONICA LEWINSKY AND BETTY CURRIE,
FOR EXAMPLE, HOW ARE WE TO RESOLVE THE QUESTIONS OF PERJURY AND
OBSTRUCTION OF JUSTICE WITHOUT OBSERVING THE DEMEANOR OF
WITNESSES?
{10:46:47} (MR. CHIEF JUSTICE) { NOT AN OFFICIAL TRANSCRIPT }
{10:46:59 NSP} (MR. HUTCHINSON) { NOT AN OFFICIAL TRANSCRIPT }
MR. HUTCHINSON: I DON'T THINK THERE IS ANY WAY TO RESOLVE THE
CONFLICTS IN THEIR TESTIMONY WITHOUT CALLING THE WITNESSES.
NOW, YOU CAN READ THE TRANSCRIPTS, AND YOU CAN LOOK AT THOSE
AND YOU CAN TRY TO DETERMINE WHETHER THERE IS ANY CORROBORATING
EVIDENCE, YOU KNOW HOW YOU CAN BELIEVE IT AND MAKE SOME OF
THOSE KINDS OF EVALUATIONS, BUT PARTICULARLY WHENEVER YOU ARE
LOOKING AT WHETHER IT IS MONICA LEWINSKY OR BETTY CURRIE, THERE
IS THE FOLLOW-UP QUESTIONS, THERE IS THE DEMEANOR THAT ALLOWS
YOU TO DETERMINE WHO IS TELLING THE TRUTH AND WHO YOU BELIEVE.
{10:47:29} (MR. HUTCHINSON) { NOT AN OFFICIAL TRANSCRIPT }
IN CONTRAST TO MR. RUFF, TRIES TO MAKE THE POINT THAT SOMEBODY
IS LYING HERE, AND MAYBE SOMEBODY IS LYING, BUT A JURY, IN CASE
THE SENATORS, CAN SAY SOMEONE IS NOT RECALLING THE SAME WAY,
MEONE IS MORE BELIEVABLE BECAUSE THEIR RECOLLECTION IS BETTER,
IT'S CORROBORATED, OR YOU COULD CONCLUDE THAT SOMEBODY IS
LYING, BUT IT DOESN'T ALWAYS BREAKDOWN THAT SIMPLY. BUT YOU
HAVE TO EVALUATE THAT AND THAT'S HOW YOU RESOLVE IT. LET ME
COME BACK. I THINK WHAT WE SEE HERE TODAY IS THE WHITE HOUSE
{10:48:02} (MR. HUTCHINSON) { NOT AN OFFICIAL TRANSCRIPT }
COUNSEL DO NOT WANT TO TALK ABOUT THE FACTS, THEY DO NOT WANT
TO TALK ABOUT THIS CASE, THEY DO NOT WANT TO TALK ABOUT
OBSTRUCTION OF JUSTICE, JUST LIKE IN THE HOUSE THEY WANT TO
TALK ABOUT THE PROCESS. THEY WANT TO TALK ABOUT EVERYTHING
THAT'S GOING ON EXCEPT FOR THE CASE OF OBSTRUCTION OF JUSTICE.
IT PROBABLY WILL BE THE NEWS STORY LATER ON TODAY THE QUESTIONS
THAT THEY HAVE RAISED ABOUT THIS. BUT THE FACT IS THAT IT IS
VERY SIMPLE THAT THEY HAVE ACCESS TO BETTY CURRIE. EVERY TIME
THE PRESIDENT HAS TALKED AND TRIED TO COACH BETTY CURRIE, I
DON'T THINK THE PRESIDENT INVITED THE INDEPENDENT COUNSEL IN
{10:48:34} (MR. HUTCHINSON) { NOT AN OFFICIAL TRANSCRIPT }
WHEN THAT WAS UNDER INVESTIGATION, OR THE PAULA JONES LAWYERS.
I DON'T THINK THAT HAPPENED. I DON'T THINK THAT -- AT LEAST THE
NEWS CLINICS -- WHEN I SAW BETTY CURRIE HUGGING THE PRESIDENT,
I DON'T THINK HE INVITED THE HOUSE MANAGERS IN. AND I DIDN'T
NECESSARILY EXPECTS HIM TO. BUT WE HAVE TO BE PREPARED, AND I
WILL JUST TELL YOU RIGHT NOW SO NOBODY IS SURPRISED, IF WE GET
TO CALL VERNON JORDAN I DON'T WANT TO DELAY THE UNITED STATES
SENATE IN ORDER TO BE PREPARED TO THAT SO I CONFESS TODAY THAT
{10:49:08} (MR. HUTCHINSON) { NOT AN OFFICIAL TRANSCRIPT }
I CALLED UP BILL HUNLEY THE LAWYER FOR VERNON JORDAN TO VISIT
WITH HIM. I HOPE THAT IF YOU TALK TO ANY WITNESSES THAT IF YOU
FEEL LIKE IT IS FAIR THAT YOU WILL GIVE USE CHANCE TO JOIN WITH
YOU IN THAT. BUT OBVIOUSLY THIS IS AN ADVERSARY PROCESS WE ARE
ENGAGED IN. I THINK THAT WE TODAY IN THIS QUESTION AND ANSWER
SESSION THAT ALL SO GRACIOUSLY EXTENDED TO US, SHOULD FOCUS ON
OBSTRUCTION OF JUSTICE CHARGES BECAUSE THAT'S WHAT YOU HAVE TO
DETERMINE. ON THE PERJURY ALLEGATIONS BECAUSE THAT THE WHAT WE
HAVE TO DETERMINE TODAY, AND I THANK THE CHIEF JUSTICE AND THE
SENATORS.
{10:49:42} (MR. HUTCHINSON) { NOT AN OFFICIAL TRANSCRIPT }
{10:49:57 NSP} (MR. CHIEF JUSTICE) { NOT AN OFFICIAL TRANSCRIPT }
MR. CHIEF JUSTICE: THIS QUESTION IS FROM SENATORS KOHL AND
EDWARDS. TO WHOM IS IT ADDRESSED?
IT IS TO THE HOUSE MANAGERS. THROUGHOUT THIS TRIAL BOTH SIDES
HAVE SPOKEN IN ABSOLUTES; THAT IS IF THE PRESIDENT ENGAGED IN
THIS CONDUCT, PROSECUTORS CLAIM THAT HE MUST BE CONVICT VICTED
AND REMOVED FROM OFFICE WHILE THE PRESIDENT OFFICE LAWYERS
ARGUE SUCH CONDUCT DOES NOT IN ANY WAY RISE TO AN IMPEACHABLE
OFFENSE. IT STRIKES TO TO. OF US AS A CLOSE ARE CALL.
{10:50:29} (MR. CHIEF JUSTICE) { NOT AN OFFICIAL TRANSCRIPT }
LET ME ASK YOU THIS: EVEN IF THE PRESIDENT ENGAGED IN THE
ALLEGED CONDUCT CONTRIBUTION REASONABLE PEOPLE DISAGREE WITH
THE CONCLUSION THAT AS A MATTER OF LAW HE MUST BE CONVICTED AND
REMOVED FROM OFFICE, YEARN?
-- YES OR NO?
{10:50:56 NSP} (MR. GRAHAM) { NOT AN OFFICIAL TRANSCRIPT }
MR. GRAHAM: ABSOLUTELY. THIS IS A HARD CASE IN A COUPLE AREAS
AND AN EASY CASE IN MANY AREAS. THE CONSTITUTION READS THAT
UPON CONVICTION THE PERSON SHALL BE REMOVED, AND YOU HAVE GOT
TO PUT IT IN CONTEXT OF THE JUDGE CASES BECAUSE THAT'S WHERE IT
GETS TO BE HARD FOR THIS BODY, BECAUSE THE PRECEDENTS. BODY
WHEN YOU APPLY THE SAME LEGAL STANDARD OF HIGH CRIMES AND
MISDEMEANORS TO THE FACT THAT A JUDGE WHO IS CONVICTED OF
PERJURY BASS REMOVED BY THE BODY, AND YOU CONCDE IN YOUR MIND
THAT THIS PRESIDENT COMMITTED PERJURY, YOU HAVE GOT A DYNAMIC
{10:51:27} (MR. GRAHAM) { NOT AN OFFICIAL TRANSCRIPT }
YOU HAVE TO WORK THROUGH. MR. BUMPERS SAYS THERE IS PERJURY
ENTHERE'S PERJURY. I WOULD SUGGEST TO YOU THAT THE ALLEGATIONS
OF PERJURY AND OBSTRUCTION OF JUSTICE IN THIS CASE ARE NOT
PRIVILEGE YAWL. IT IS NOT ABOUT A SPEEDING TICKET OR A TRIVIAL
MATTER, IT'S ABOUT THE ACTIVITY OF THE PRESIDENT WHEN HE WAS
DEFENDED IN A LAWSUIT IN A SEXUAL HARASSMENT LAWSUIT, WHEN HE
WAS TOLD BY THE SUPREME COURT YOU HAVE TO PLAY AND YOU HAVE TO
PLAY FAIRLY. IF YOU DETERMINE THAT HE COMMITTED THE CRIME OF
PERJURY, AND YOU DETERMINE THAT HE COMMITTED THE CRIME OF
{10:51:58} (MR. GRAHAM) { NOT AN OFFICIAL TRANSCRIPT }
OBSTRUCTION OF JUSTICE, BASED ON THE PRECEDENT OF THE SENATE, I
THINK YOU WOULD HAVE A HARD TIME SAYING UNDER THE SITUATION IN
THIS CASE THAT THAT'S NOT A HIGH CRIME. BUT I WOULD BE THE
FIRST TO ADMIT THAT THE CONSTITUTION IS SILENT ON THIS QUESTION
ABOUT WHETHER OR NOT EVERY HIGH CRIME HAS TO RESULT IN REMOVAL.
IF I WAS SITTING WHERE YOU ARE AT, I WOULD PROBABLY GET DOWN ON
MY KNEES BEFORE I MADE THAT DECISION, BECAUSE THE IMPACT ON
SOCIETY IS GOING TO BE REAL EITHER WAY. IF YOU FIND THIS
{10:52:31} (MR. GRAHAM) { NOT AN OFFICIAL TRANSCRIPT }
PRESIDENT GUILTY IN YOUR MIND, FROM THE FACTS, THAT HE IS A
PERJURY ROR AND HE OBSTRUCTED JUSTICE, YOU HAVE GOT TO
RECONCILE CONTINUED SERVICE IN LIGHT OF THAT EVENT. AND I THINK
IT IS IMPORTANT FOR THIS BODY TO NOT HAVE A DISPOSITION PLAN
THAT DOESN'T TAKE IN CONSIDERATION THE GOOD OF THIS NATION. I
{10:53:03} (MR. GRAHAM) { NOT AN OFFICIAL TRANSCRIPT }
HAVE ARGUED TO YOU THAT WHEN YOU FOUND THAT A JUDGE WAS A
PERJEROR YOU COULDN'T PUT HIM BACK IN THAT COURTROOM, BECAUSE
EVERYBODY THAT CAME IN THAT COURTROOM THEREAFTER WOULD HAVE A
REAL SERIOUS DOUBT. I WILL ARGUE WHEN YOU FIND THIS PRESIDENT
GUILTY OF PERJURY, IF YOU DO, THAT HE HAS VIOLATED HIS OATH,
AND THAT BY A CONSEQUENCE OF THAT, SOME PUBLIC TRUST HAS BEEN
LOST, AND I WOULD SHOW TO YOU THE BODY OF EVIDENCE FROM THIS
QUESTION, DO YOU TRUST WILLIAM JEFFERSON CLINTON?
THE AMERICAN PEOPLE WILL TELL YOU THREE OUT OF FOUFER SAY NO.
{10:53:35} (MR. GRAHAM) { NOT AN OFFICIAL TRANSCRIPT }
BUT THE AMERICAN PEOPLE WILL ALSO TELL YOU -- THREE OUT OF FOUR
SAY NO. BUT THE AMERICAN PEOPLE WILL ALSO TELL YOU I UNDERSTAND
WHAT HAPPENED HERE, AND SOME WANT HIM REMOVED AND SOME DON'T,
AND YOU GOT TO CONSIDER WHAT'S BEST FOR THIS NATION. I WILL
YIELD TO MR. BUYER IN A SECOND, BUT THE POINT IS THAT I AM
TRYING TO MAKE IS NOT ARTICULATELY AS I CAN IS THAT I KNOW HOW
HARD THAT DECISION IS. IT HAS ALWAYS BEEN HARD FOR ME. IT'S
NEVER BEEN HARD TO FIND OUT WHETHER BILL CLINTON COMMITTED
{10:54:05} (MR. GRAHAM) { NOT AN OFFICIAL TRANSCRIPT }
PERJURY OR OBSTRUCTED JUSTICE. THAT AIN'T A HARD BUN FOR ME.
BUT WHEN YOU TAKE THE GOOD OF THIS NATION, THE UPSIDE AND THE
DOWNSIDE, REASONABLE PEOPLE CAN DISAGREE ON WHAT WE SHOULD DO.
{10:54:27 NSP} (MR. BUYER) { NOT AN OFFICIAL TRANSCRIPT }
MR. BUYER: I WOULD JUST LIKE TO REMIND ALL OF YOU THAT THE
IMPEACHMENT PROCESS IS INTENDED TO CLEANSE THE EXECUTIVE OR THE
JUDICIAL OFFICE WHEN IT IS PLAGUED WITH SUCH A CANCER AS
PERJURY OR OBSTRUCTION OF JUSTICE, WHICH VIOLATES THE OATH
REQUIRED TO HOLD THOSE HIGH OFFICES. NOW, WHAT MAY BE TURNING
IN THE GUT OF SOME OF YOU IS, ARE THE PRECEDENTS OF THE SENATE,
WHEN IN FACT YOU HAVE TURNED OUT OF OFFICE, YOU HAVE EXERCISED
{10:54:57} (MR. BUYER) { NOT AN OFFICIAL TRANSCRIPT }
YOUR JUDGMENTS OF PROPORTIONATE. WHEN THESE JUDGES VIOLATED
THEIR OATHS AND HAD PERJURY, YOU SAID, THEY SHALL BE REMOVED
FROM OFFICE. NOW THERE ARE SOME THAT ARE GOING, WELL, I'M
UNEASY IN THIS CASE WITH THE PRESIDENT. THAT'S WHAT MAY CREATE
A LITTLE PROBLEM HERE. I WOULD SUGGEST TO YOU THAT YOU ACTUALLY
HAVE FINDINGS OF FACT. THAT THE SENATE HAS FINDINGS OF FACT.
THAT THE PRESIDENT IN FACT, HE LIED OR HE DID NOT LIE, OR HE
COMMITTED ON AN OBSTRUCTION, THAT YOU ACTUALLY HAVE FINDINGS OF
{10:55:32} (MR. BUYER) { NOT AN OFFICIAL TRANSCRIPT }
FACT, THEN YOU CAN MOVE BEYOND THE QUESTIONS OF APPLICATION OF
THE -- BEYOND TO FLIKSS APPLICATIONS OF THE LAW. WHEN THE
SENATE PERFORMED THIS CLEANSING, AND REMOVED THE JUDGES, ALL
THREE IMPEACHED FOR PERJURY IN SOME FORM, AND IN JUDGE HAY
STINGS CASE, EVEN THOUGH HE HAD BEEN ACQUITTED OF THE CRIMINAL
CASE, THE CONGRESS, IN PARTICULAR THE SENATE, YOU HAVE A DUTY
TO PRESERVE THE INTEGRITY OF PUBLIC OFFICE, AND THAT IS WHAT I
AM E. IMPEACHMENT WAS DESIGNED PRECISELY TO DO.
{10:56:08} (MR. BUYER) { NOT AN OFFICIAL TRANSCRIPT }
{10:56:19 NSP} (MR. CHIEF JUSTICE) { NOT AN OFFICIAL TRANSCRIPT }
MR. CHIEF JUSTICE: THIS IS A QUESTION FROM SENATORS VOINOVICH,
JEFFORDS AND CHAFEE
TO THE HOUSE MANAGERS: IN OUR INTERVIEW WITH THE OFFICE OF THE
INDEPENDENT COUNSEL, MS. LEWINSKY STATED THAT ON JANUARY 5,
1998, THE PRESIDENT TOLD HER NOT TO WORRY ABOUT THE -- WORRY
ABOUT THE AFFIDAVIT, BECAUSE HE HAD SEEN 15 OTHERS. DID THE
PRESIDENT MEAN THAT HE HAD SEEN PREVIOUS DRAFTS OF MS.
LEWINSKY'S AFFIDAVIT, OR DID THE PRESIDENT MEAN HE HAD SEEN
DRAFTS OF OTHER AFFIDAVITS THAT WERE IN SOME WAY CONNECTED TO
{10:56:52} (MR. CHIEF JUSTICE) { NOT AN OFFICIAL TRANSCRIPT }
THE PAULA JONES MATTER?
{10:56:57 NSP} (MR. MCCOLLUM) { NOT AN OFFICIAL TRANSCRIPT }
MR. MCCOLLUM: THANK YOU, MR. CHIEF JUSTICE. YOU CAN TAKE THAT
EITHER WAY. I BELIEVE IN THE CONTEXT AND I PRESENTED THIS TO
YOU THE OTHER DAY THAT IN WHICH THE PRESIDENT UTTERED THOSE
WORDS IS THAT THE LOGICAL CONCLUSION IS HE HAD SEEN 15 OTHER
DRAFTS OF HERS. IF YOU REMEMBER HE WAS DISCUSSING WITH HIM THE
ISSUE OF WHETHER HE WANTED TO SEE THIS PARTICULAR DRAFT OF HER
AFFIDAVIT, AND THAT PARTICULAR MOMENT HE SAID NO, I DON'T WANT
TO, I HAVE SEEN 15 OTHERS. WELL, YOU KNOW, TECHNICALLY SPEAKING
{10:57:27} (MR. MCCOLLUM) { NOT AN OFFICIAL TRANSCRIPT }
HE COULD HAVE SEEN 15 OTHER AFFIDAVITS IN HIS LIFE SOMEWHERE
BACK IN ARKANSAS -- WHO KNOWS -- BUT IT STRIKES ME THE LOGICAL
CONCLUSION IN THE CONTEXT OF EVERYTHING ELSE YOU SEE THIS
PRESIDENT WAS INTENT ON AND HAD INS HIS MIND AND THE INTEREST
HE HAD ALREADY SHOWN FROM ALL OF THE CONVERSATIONS HE HAD HAD
WITH VERNON JORDAN AND OTHERS TO MAKE SURE THIS AFFIDAVIT WAS
ON TRACK, AND KNOWING HE WAS GOING TO TESTIFY IN A FEW DAYS
HIMSELF IN THE JONES CASE, AND RELY ON IT AND IN FACT DID GO IN
AND TELL THE SAME COVER STORIES THAT WERE IN THAT THIS
{10:58:02} (MR. MCCOLLUM) { NOT AN OFFICIAL TRANSCRIPT }
AFFIDAVIT TO THE COURT, UNTRUTHFULLY, THAT THE PROBABILITIES
ARE GOOD THAT COMMON SENSE SAYS HE HAD SEEN 15 OTHER DRAFTS OF
THIS VERSION OF THIS AFFIDAVIT. BUT THAT'S FOR YOU ARE TO
DECIDE. THAT'S A JUDGMENT CALL FOR THE TRIERS OF FACT. THANK
YOU.
{10:58:30 NSP} (MR. CHIEF JUSTICE) { NOT AN OFFICIAL TRANSCRIPT }
MR. CHIEF JUSTICE: THIS IS A QUESTION FROM SENATOR LEAHY TO
{10:58:36 NSP} (PRESIDENT) { NOT AN OFFICIAL TRANSCRIPT }
COUNSEL FOR THE PRESIDENT: COULD YOU REPLY TO THE STATEMENT
JUST MADE BY MANAGER MCCOLLUM?
{10:58:46 NSP} (MR. KENDALL) { NOT AN OFFICIAL TRANSCRIPT }
MR. KENDALL: MR. CHIEF JUSTICE, ON THURSDAY AFTERNOON I WENT
OVER IN PERHAPS TEDIOUS DETAIL THE FACTS RELATING TO THE
AFFIDAVITS. I POINTED OUT THAT THERE WAS NO WAY IN WHICH --
THERE WAS NO EVIDENCE AT THAT TIME PRESIDENT SAW ANY AFFIDAVIT
DRAFT. MR. MANAGER MCCOLLUM JUST NOW I THINK ADMITTED THAT HE
HAS ONLY SPECULATION, HE DOESN'T HAVE ANY RECORD OF EVIDENCE
THAT THE PRESIDENT DENIED SEEING ANY AFFIDAVIT DRAFT. I POINTED
{10:59:19} (MR. KENDALL) { NOT AN OFFICIAL TRANSCRIPT }
OUT IN THE MANAGERS' CHART 7 THAT THEIR THEORY ABOUT WHEN MS.
LEWINSKY COULD HAVE GOTTEN AND AFFIDAVIT WAS SIMPLY WRONG,
BECAUSE THEIR THEORY WAS HE SHE GOT IT ON JANUARY 5 -- THIS IS
A SINGLE AFFIDAVIT DRAFT -- THE EVIDENCE PLAINLY SHOWS SHE
COULD NOT HAVE GOTTEN IT UNTIL JANUARY 6. THERE IS SIMPLY
NOTHING IN THE RECORD. AND THE INDEPENDENT COUNSEL INTERVIEW
MS. LEWINSKY EXTENSIVELY, BOTH IN INTERVIEWS AND BEFORE THE
GRAND JURY. THERE IS SIMPLY NO EVIDENCE WHATSOEVER THAT THE
{10:59:54} (MR. KENDALL) { NOT AN OFFICIAL TRANSCRIPT }
PRESIDENT SAW ANY DRAFTS OR INDEED THAT THERE WERE 15 DRAFTS.
LET ME SAY A WORD ABOUT
{END: 1999/01/23 TIME: 11-00 , Sat. 106TH SENATE, FIRST SESSION}
{ NOT AN OFFICIAL TRANSCRIPT OF THE SENATE PROCEEDINGS.}