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H5252 CONGRESSIONAL RECORD — HOUSE June 24, 1998 Lewis (KY) Pelosi Smith (MI) PERSONAL EXPLANATION tion as a member of the Committee on Linder Peterson (MN) Smith (NJ) Small Business: Livingston Peterson (PA) Smith (OR) Mr. FRELINGHUYSEN. During the vote on HOUSE OF REPRESENTATIVES, LoBiondo Pickering Smith (TX) final passage of H.R. 4103, the National Secu- Lowey Pickett Smith, Adam Washington, DC, June 24, 1998. Lucas Pitts Smith, Linda rity Appropriations Act, I was on the floor and Hon. , Maloney (CT) Pombo Snowbarger intended to vote but the machine failed to reg- Speaker of the House, House of Representatives, Maloney (NY) Pomeroy Snyder ister my vote. Had it been registered, I would U.S. Capitol, Washington, DC. Manzullo Porter Solomon have voted yes on final passage of the bill. DEAR MR. SPEAKER: I hereby resign as a Martinez Portman Souder member of the Committee on Small Busi- Mascara Poshard Spence f Matsui Price (NC) Spratt ness. McCarthy (MO) Pryce (OH) Stabenow APPOINTMENT AS MEMBERS TO With kind regards, I am McCarthy (NY) Quinn Stearns COORDINATING COUNCIL ON JU- Sincerely yours, McCollum Radanovich Stenholm VIRGIL H. GOODE. McCrery Rangel Stokes VENILE JUSTICE AND DELIN- McHale Redmond Strickland QUENCY PREVENTION The SPEAKER pro tempore. Without McHugh Regula Stump objection, the resignation is accepted. McInnis Reyes Stupak The SPEAKER pro tempore. Without There was no objection. objection, and pursuant to the provi- McIntosh Riggs Sununu f McIntyre Riley Talent sions of Section 206 of the Juvenile McKeon Rivers Tanner Justice and Delinquency Prevention ELECTION OF MEMBERS TO CER- McNulty Rodriguez Tauscher Meehan Roemer Tauzin Act of 1974 (42 U.S.C. 5616) as amended TAIN STANDING COMMITTEES OF Meek (FL) Rogan Taylor (MS) by Section 2(d) of Public Law 102–586, THE HOUSE Menendez Rogers Taylor (NC) the Chair announces the Speaker’s ap- Metcalf Rohrabacher Thomas Mr. FAZIO of California. Mr. Speak- Mica Ros-Lehtinen Thompson pointment of the following members on er, at the direction of the Democratic Millender- Rothman Thornberry the part of the House to the Coordinat- Caucus, I offer a privileged resolution McDonald Roukema Thune ing Council on Juvenile Justice and (H. Res. 492) and ask for its immediate Miller (FL) Roybal-Allard Thurman Delinquency Prevention: Mink Ryun Tiahrt consideration. Moakley Sabo Tierney Mr. William Robert Byars, Jr., South The Clerk read the resolution, as fol- Mollohan Salmon Torres Carolina, to a one year term; lows: Moran (KS) Sanchez Traficant Ms. Adele L. Grubbs, , to a Moran (VA) Sandlin Turner HOUSE RESOLUTION 492 Murtha Sawyer Visclosky three year term. Resolved, That the following named Mem- Myrick Saxton Walsh There was no objection. bers be, and they are hereby, elected to the Neal Scarborough Wamp f following standing committees of the House Nethercutt Schaefer, Dan Waters of Representatives: Neumann Schaffer, Bob Watkins APPOINTMENT AS MEMBERS TO Ney Schumer Watts (OK) To the Committee on Banking and Finan- Northup Scott Waxman NATIONAL SKILL STANDARDS cial Services, VIRGIL GOODE of Virginia. Norwood Serrano Weldon (FL) BOARD To the Committee on National Security, Nussle Sessions Weldon (PA) ELLEN TAUSCHER of California, ROBERT Ortiz Shadegg Weller The SPEAKER pro tempore. Without BRADY of Pennsylvania. Oxley Shaw Wexler objection, and pursuant to the provi- To the Committee on Small Business, ROB- Packard Sherman Weygand sions of Section 503(b)(3) of Public Law ERT BRADY of Pennsylvania. Pallone Shimkus White Pappas Shuster Whitfield 103–227, the Chair announces the The resolution was agreed to. Parker Sisisky Wicker Speaker’s reappointment of the follow- A motion to reconsider was laid on Pascrell Skaggs Wise ing members on the part of the House the table. Pastor Skeen Wynn to the National Skills Standards Board Paxon Skelton Young (AK) f Pease Slaughter Young (FL) for four year terms: Mr. James D. Burge, Washington, GRANTING MEMBERS OF THE NAYS—61 D.C.; HOUSE PRIVILEGE TO EXTEND Barrett (WI) Hoekstra Owens Mr. Kenneth R. Edwards, Rockville, THEIR REMARKS IN THE CON- Becerra Hooley Paul GRESSIONAL RECORD ON THURS- Berry Jackson (IL) Payne . Brown (CA) Johnson (WI) Petri There was no objection. DAY, JUNE 25, 1998 Brown (OH) Kind (WI) Rahall Mr. MCINNIS. Mr. Speaker, I ask Campbell Kleczka Ramstad f Conyers Kucinich Royce unanimous consent that all Members Coyne Lee Rush RESIGNATION AS MEMBER OF be permitted to extend their remarks Davis (IL) Lofgren Sanders COMMITTEE ON SCIENCE and to include extraneous material in DeFazio Luther Sanford ECORD Delahunt McDermott Sensenbrenner The Speaker pro tempore laid before that section of the R entitled Deutsch McGovern Shays the House the following resignation as ‘‘Extension of Remarks’’ on Thursday, Doggett McKinney Stark a member of the Committee on June 25, 1998. Ehlers Meeks (NY) Towns The SPEAKER pro tempore. Is there Fattah Miller (CA) Upton Science: Filner Minge Velazquez HOUSE OF REPRESENTATIVES, objection to the request of the gen- Frank (MA) Morella Vento Washington, DC, June 24, 1998. tleman from Colorado? Franks (NJ) Nadler Watt (NC) Hon. NEWT GINGRICH, There was no objection. Furse Oberstar Woolsey Speaker, House of Representatives, Washington, f Gutierrez Obey DC. Hinchey Olver DEAR SPEAKER GINGRICH: I am writing to b 2015 NOT VOTING—14 resign my position on the House Science SPECIAL ORDERS Baesler Hamilton Markey Committee in exchange for a position on the Crane Kaptur McDade House National Security Committee. Thank The SPEAKER pro tempore (Mr. Dingell LaFalce Wolf you for your assistance with this matter and LAHOOD). Under the Speaker’s an- Frelinghuysen Lipinski Yates please contact me if you have any questions. nounced policy of January 7, 1997, and Gonzalez Manton Sincerely, under a previous order of the House, b 2007 ELLEN O. TAUSCHER, the following Members will be recog- Member of Congress. Mr. HOEKSTRA changed his vote nized for 5 minutes each. from ‘‘yea’’ to ‘‘nay.’’ The SPEAKER pro tempore. Without f Mr. PICKERING and Ms. RIVERS objection, the resignation is accepted. CONTROVERSIAL ARTICLE RE- changed their vote from ‘‘nay’’ to There was no objection. GARDING KENNETH W. STARR, ‘‘yea.’’ f So the bill was passed. INDEPENDENT COUNSEL The result of the vote was announced RESIGNATION AS MEMBER OF The SPEAKER pro tempore. Under a as above recorded. COMMITTEE ON SMALL BUSINESS previous order of the House, the gen- A motion to reconsider was laid on The SPEAKER pro tempore laid be- tleman from Michigan (Mr. CONYERS) is the table. fore the House the following resigna- recognized for 5 minutes. June 24, 1998 CONGRESSIONAL RECORD — HOUSE H5253 Mr. CONYERS. Mr. Speaker, I will seems to have become an enabler of Although Tripp and place in the RECORD an article that has Starr’s abuse of power. kept up their relationship through 1996, become controversial in the fact that it An examination of the Lewinsky story’s Goldberg did not push the book idea. ‘‘It begins to examine more carefully the origins and a day-by-day review of the first wasn’t high on my list,’’ says Goldberg. ‘‘No one seemed to care about this guy screwing question surrounding the Independent three weeks of the media coverage that fol- lowed, suggest that as it has careened from everything in sight.’’ Counsel, Kenneth W. Starr, in connec- one badly sourced scoop to another in an ON THE RADAR SCREEN tion with his off-the-record contacts ever more desperate need to feed its multi- Perceptions about the president and sex with Members of the media. I ask that media, 24-hour appetite, the press has aban- changed markedly as 1997 began. In January, this material be included. doned its treasured role as a skeptical published a cover story on the The material referred to is as follows: ‘‘fourth estate.’’ This story marks such a suit declaring that the case de- [From Brill’s Content, July/August 1998] fundamental change in the press’s role that served to be taken seriously. The Newsweek the issues it raises will loom long after we story—along with the Supreme Court’s hear- PRESSGATE determine (if we ever do) whether the presi- (By Steven Brill) ing (also in January) of the Jones ’ dent is guilty of a sexual relationship with appeal that their case not be delayed until What makes the media’s performance a the intern, obstruction of justice, or both. after President Clinton had left office—sud- true scandal, a true example of an institu- LOOKING FOR A TRUE CRIME STORY denly made the president’s alleged sexual tion being corrupted to its core, is that the It started with the 1993 death of Deputy misconduct and his resulting legal troubles competition for scoops so bewitched almost Counsel Vincent Foster, Jr. In topic A. everyone that they let the man in power some anti-Clinton circles, Foster’s suicide ISIKOFF ON THE HUNT write the story—once Tripp and Goldberg became what Lucianne Goldberg calls ‘‘the Newsweek now allowed Isikoff, its lead re- put it together for him. best true crime story out there. . . . I was porter on the Jones story, to add the Clinton It began with high fives over the tele- interested in getting a book out about Fos- sex allegations to a beat that already in- phone. ‘‘It’s breaking! It’s breaking! We’ve ter’s death, and Tony Snow [the conservative cluded not only Whitewater, but also the done it,’’ Lucianne Goldberg screamed into columnist and now—Fox newsman] sug- blossoming controversy surrounding the her phone in to her son in Wash- gested I talk to .’’ ington. It was 7:00 A.M., Wednesday, January A veteran government secretary, Tripp, funding of the 1996 Democratic campaign. 21. then 43, had been assigned to work for White A native New Yorker who grew up on Long ‘‘This was my mom’s day,’’ says Jonah House Counsel Bernard Nussbaum. Tripp Island, Isikoff, 46, started in journalism as a Goldberg, 29, referring to the controversial claimed to have been the last person to see reporter for a Washington-based news service literary agent who had now shep- Foster alive, and, as with many aspects of initially funded by Ralph Nader. ‘‘It was the herded the story into the her jobs, she made more of this Jeopardy- Woodward and Bernstein era,’’ he says. world’s headlines and onto Independent like fact than it was worth. ‘‘Being a reporter was exciting.’’ Counsel Kenneth Starr’s radar screen. ‘‘Here Following Nussbaum’s resignation in 1994, For him, it still is. A journalist’s version was everything we’d done since the fall Tripp was moved to a job at . of Columbo, with a perpetually whiny voice breaking right there on Good Morning Amer- She got a rise, but, in terms of status, it was and a awkward, nervous look. Isikoff instinc- ica, with standing in front of a comedown. tively distrusts power. Now, as he patrolled the White House and Goldberg was a good match for Tripp. A his expanded beat in early 1997, Isikoff got a talking . . . impeachment.’’ gravelly-voiced, chain-smoking 63 year-old tip from one of Jones’s lawyers, who had ‘‘For five years I had had all kinds of Clin- with a self-described ‘‘big mouth,’’ Goldberg heard that there was a volunteer White ton stories that I had tried to peddle,’’ is a West Side Manhattanite who takes de- House worker who had been groped by the Lucianne Goldberg recalled during a series of light in defying her neighborhood’s liberal president in 1993 when she’d met with him interviews. ‘‘Stories from the state troopers, chic. She runs in conservative circles, makes seeking a job. from other women, you name it. And for five no secret of her disdain for the president, Isikoff eventually tracked down Kathleen years I couldn’t get myself arrested. Now I and her acknowledged past includes doing Willey, and after he had pestered her over a was watching this [and] I was lovin’ it. dirty tricks for the Nixon campaign. period of several months, she talked about Spikey and Linda and us had really done it.’’ Yet the reception Tripp got from Goldberg the incident but refused to be quoted. Ac- ‘‘Spikey’’ is Lucianne Goldberg’s pet name was a letdown. ‘‘She had been the last person cording to Isikoff. Willey suggested that he for , the relentless Newsweek to see , and she hated the Clin- ‘‘go ask Linda Tripp’’ for confirmation, be- reporter whose stories about President Clin- ton people and told me stories about the cause Tripp had seen Willey after she’d left ton’s alleged sexual misconduct—from Paula clothes they wore and how they f—ked the Oval Office on the day of the alleged in- Jones to and now to Monica around with each other. . . . But was that a cident. Lewinsky—had led the way on this sometime book? Come on,’’ says Goldberg. Yes, she had seen Willey emerge from the lonely beat. ‘‘Linda’’ is Linda Tripp, the one- ‘‘I kinda liked her,’’ Goldberg continues. Oval Office disheveled, Tripp told Isikoff, ac- time White House secretary now known ‘‘So we kept in touch, and we did put a pro- cording to his subsequent story. And yes, more for taping than typing. For four years posal together.’’ Willey claimed the president had kissed her As reported in a February she had been a frustrated client of Gold- and fondled her. But, no, Tripp declared, Wil- article by that deserves credit berg’s, hoping to sell a White House scandal ley was not upset; she seemed happy about for being the first to spot the Goldberg— memoir. the president’s attention. book deal impetus for the Tripp-Lewinsky As of this morning, Tripp, under Lucianne Isikoff says that he and his editors were re- story, the proposal contained a purported Goldbergs’ tutelage, had constructed the ma- luctant to go with that confusing account, but nonspecific chapter on sexual hijinks. terial for Isikoff’s greatest scoop—often ac- until they learned in late July that the cording to his probably unwitting specifica- THE ‘‘PRETTY GIRL’’ Jones lawyers had subpoenaed Willey (but tions. The two women had even steered it in In May of 1996, Tripp told Goldberg about a not Tripp, whom they did now know about). a way that now allowed to hone in former White House interim who had been Now Newsweek had a hook—a legitimate on the president and the intern. Then, by transferred to the Pentagon and was working more-than-just-sex hook—for the story. leaking the most damaging details of the in- with Tripp in the public affairs office. ‘‘One The result, entitled ‘‘A Twist In Jones v. vestigation to a willing, eager press corps day Linda called and told me about what she Clinton,’’ was a tortured account of the po- Starr was able to create an almost complete called ‘‘the pretty girl,’’ who’d become ‘‘ her tential role that a new but reluctant ac- presumption of guilt. Indeed, the self-right- friend,’’ Goldberg recalls. ‘‘She said the pret- cuser, Kathleen Willey, might have in the eousness with which Starr approached his ty girl said she had a boyfriend in the White Jones case. Isikoff quoted Tripp as confirm- role—and the way he came to be able to House. Linda was excited. This might be ma- ing the incident but disputing whether Wil- count on the press’s partnership in it—gen- terial.’’ ley had seemed unhappy about it. erated a hubris so great that, as detailed ‘‘A few weeks later,’’ says Goldberg, In the days that followed, Isikoff says, he below, he himself will admit these leaks ‘‘Linda told me the pretty girl’s name was surprised that the rest of the press large- when asked. [Monica Lewinsky] and said the boyfriend ly ignored the article, seeing it as just part The abuses that were Watergate spawned was Clinton.’’ of the detritus of the Smarmy Jones suit. great reporting. The Lewinsky story has re- But, says Goldberg, ‘‘even with proof, Linda Tripp did not ignore it. ‘‘Linda tends to view her role in things as versed the process. Here, an author in quest which she didn’t have, it was just another much more important than it is,’’ says of material teamed up with a prosecutor in Clinton girlfriend story. Maybe the , ‘‘And she was both thrilled quest of a crime, and most of the press be- girlfriend could do a book, but not Linda.’’ and terrified by the play Isikoff gave her in came a cheering section for the combination ‘‘I remember for a while my mom thinking this piece. She thought the whole world was that followed. As such, the Lewinsky Linda could get us Monica as a client.’’ says now watching her. And she thought she also saga raises the question of whether the Jonah Goldberg, a television producer who also runs a Washington office for his mother. could now come to center stage with what press has abandoned its Watergate Nonetheless, according to the two Gold- she knew about Monica.’’ glory of being a check on official abuse bergs, Tripp repeatedly rebuffed their hints In fact, according to Isikoff, from the mo- of power. For in this story the press that they meet the former intern. ment he had first talked to Tripp in H5254 CONGRESSIONAL RECORD — HOUSE June 24, 1998 1997 about Willey, ‘‘she was telling me that I As for something ‘‘official,’’ Tripp and and that she was gonna sign an affidavit say- had the right idea but that I was barking up Lucianne Goldberg told Isikoff that ing she had never had any sex with the presi- the wrong tree with Kathleen Willey. She Lewinsky, who was planning to move to New dent’’—an affidavit that Lewsinsky did in kind of steered me away from Willey.’’ York with her mother, was going to get a job fact sign on January 7. ‘‘And you had Linda At a meeting in a bar near the White there working for U.N. ambassador Bill Rich- worried about her own testimony and about House in April 1997, Tripp again pushed ardson. In fact, Richardson himself was what Isikoff was going to do.’’ Isikoff to consider a better story, one about going to meet with the lowly former intern Goldberg says the Tripp was now worried an intern and the president. But Isikoff re- at the Watergate over breakfast in a few enough to consult Kirby Behre, the mained focused on Willey. Why? Because, he days to talk about the job, Tripp and Gold- she had used when she had testified in the says, he knew that there was a link from her berg reported. In other words, they con- Whitewater hearings. But when Behre (who to a story that was about more than sex: the tended, the president was getting his declined all public comment for this article) Jones trial. He also says that he made no girlfriend a government job. was told about the tapes, his suggestion, ac- bones about the importance of that link to ‘‘That was interesting enough that we sent cording to Goldberg, shocked Tripp and Tripp. a reporter—not me, because I was now rec- Goldberg: ‘‘He told her he was going to go to For Tripp, the motive for filling that need ognizable from all my TV stuff—to stake out Bob Bennett’’—the president’s defense law- was unambiguous. ‘‘I always told Linda that the Watergate for breakfast,’’ says Isikoff. yer in the Jones case—‘‘. . . and get Bennett for her to have a real book deal she had to Newsweek’s Daniel Klaidman waited from to settle the Jones case and avoid all this.’’ get some of what she knew into a main- 7:00 until 11:30 a.m., But Richardson and In fact, Tripp and the Goldbergs wanted stream publication of some kind,’’ recalls Lewinsky never appeared. ‘‘That really wor- anything but a settlement that would see Goldberg. ‘‘I drummed that into her. With- ried my editors. . . . We didn’t know that Tripp’s cameo role in history evaporate. out that, she was just another kook.’’ Richardson had an apartment there and they They were headed in the opposite direction. According to Goldberg, it was soon after were meeting there,’’ says Isikoff. What they had pushed from a tale about a the Newsweek article appeared that Tripp— It was at about this time—October 1997— presidential affair to a story about a new at Goldberg’s urging—went to a Radio Shack that the new Paula Jones legal team started witness in a civil suit they now wanted to store and bought a $100 tape recorder so that getting anonymous calls from a woman say- push to the next stop—a criminal case. ‘‘We she could begin gathering her proof. ing that Linda Tripp and Monica Lewinsky wanted a [new] lawyer so that Linda could THE TAPES would be well worth subpoenas. Each of what go to Ken Starr,’’ explains Lucianne Gold- In October, the Goldbergs tried to advance one member of the Jones team estimates berg. the story by getting Isikoff to listen to were three or four calls got increasingly less By Friday, January 9, Goldberg had found Tripp’s tapes of Lewinsky talking to her vague. James Moody, a relatively unknown Wash- about sex with Clinton. Saying she was Who made those calls? ington attorney who had been active in tax- Tripp’s ‘‘media adviser,’’ as Isikoff recalls it, ‘‘My mom didn’t do it,’’ Jonah Goldberg payer rights and other conservative causes. Goldberg invited him to a meeting at Jonah says. ‘‘Linda did, but I can tell you that she TRIPP GOES TO STARR Goldberg’s apartment. She told him he didn’t get the idea on her own.’’ wouldn’t regret it. Lucianne Goldberg says she isn’t sure Why the rush for a new lawyer? ‘‘Because According to all who were present (except Linda called them, ‘‘but it wouldn’t surprise we wanted someone to get the tapes back Tripp, who would not comment for this arti- me, and it made sense, didn’t it?’’ from Behre so we could take them to Starr,’’ cle), Isikoff was told Lewinsky’s name. Two Did Lucianne encourage her to make the says Lucianne Goldberg. tapes were on the coffee table. Lucianne of- calls? ‘‘Do you think I had to?’’ asks Gold- In fact, while Moody ended up getting the fered to queue up the first one. berg. tapes back quickly (apparently by Monday, Isikoff declined. Did she encourage her? ‘‘Not exactly, but, January 12), even that wasn’t fast enough for ‘‘I knew that if I listened to these tapes I hell, I guess you could say so.’’ Tripp. ‘‘Linda,’’ says Jonah Goldberg, ‘‘was would become part of the process, because I What seems clear is that no one other than in a frenzy.’’ knew the taping was ongoing,’’ explains one of the Goldbergs or Tripp would have had ‘‘I told her to call Starr Monday night,’’ Isikoff, who also adds that he was in a hurry the knowledge or the motive to have tipped says Lucianne Goldberg. ‘‘She was afraid to get to CNBC, where he was a paid Clinton off the Jones lawyers. And whoever made the Isikoff was going to do a story and she want- sex scandal pundit. calls, they were persuasive enough that by ed to make sure who got to Starr first . . . GET ME SOMETHING TANGIBLE just before Christmas both Lewinsky and Neither of us wanted Starr to read about her But Isikoff heard enough of a description Tripp had been subpoenaed. in Newsweek. We wanted to be at the center of what was on the tape to request more. He ‘‘That’s when this heated up,’’ says Isikoff. of it.’’ wanted ‘‘a tangible way to check this out ‘‘When I found out they had been subpoe- But didn’t her going to Starr also insure with some other ,’’ recalls Jonah Gold- naed, I could see the perjury possibilities and that Isikoff would have a story? ‘‘Yes, that’s berg. ‘‘And he needed more than just sex. He everything else. It was starting to be a real true, too,’’ says Goldberg with a laugh. ‘‘We said he needed other sources and he needed story.’’ knew this would never not be a story for for this to relate to something official.’’ In short, the exact dynamic that had made Spikey [Isikoff] once Starr had it.’’ Isikoff confirms this conversation. the Willey tale a publishable story for ‘‘Linda called Starr’s people Monday To Isikoff, he was simply musing aloud Isikoff—that it was part of the Jones trial— night,’’ Goldberg continues. ‘‘And after a few about what would make a legitimate News- had now apparently been engineered by the minutes they asked her where she was, told week story. To the Goldbergs and Tripp, he Goldberg–Tripp book-deal team. Moreover, her to stay there, and piled in a car and was writing out specs. And by the end of Oc- those similarly orchestrated ‘‘receipts’’ from drove out to her house. She told me it was tober, Isikoff’s hopes had been fulfilled on the courier service gave Isikoff the tangible like that Charlie Chaplin movie or some- both counts. proof he said he needed. thing with all those cops like clowns stuffed First, they produced something tangible. ‘‘I guess I’d like to think this was more a into a car coming out to see her . . . We never Lewinsky began sending letters and one Goldberg conspiracy than a right-wing con- knew they would pounce like that.’’ package to presidential secretary Betty spiracy,’’ Jonah concludes when asked about Starr says that his staff spent that night Currie at the White House, allegedly so that this orchestration. and the next day, Tuesday, January 13, de- Currie could pass them to the president. MONICA BECOMES HYSTERICAL briefing Tripp. What was in that package? Tripp and Gold- According to Goldberg—who was in con- According to the Goldbergs’ accounts of berg told Isikoff it contained a lurid sex tact with Tripp through Wednesday night, the Lewinsky-Tripp tapes and to Isikoff’s ac- tape. Goldberg then told Isikoff how to get January 14—Starr’s lawyers and FBI agents count of the tapes he eventually heard, when copies of the receipts for those letters and told Tripp that they needed more than was Lewinsky got her subpoena in December she the package. It was easy—because the cou- on her tapes to prove both the president’s al- became hysterical. On the tapes her hysteria rier service employed by Lewinsky is owned leged effort to get Lewinsky to lie and Wash- comes off as a fear of how to decide whether by Goldberg’s brother’s family. ington lawyer and Clinton friend Vernon ‘‘We told Linda to suggest that Monica use to rat on the president or risk perjury—a Jordan’s supposed obstruction of justice, via a courier service to send love letters to the fear exacerbated by Tripp’s declaration to his help getting a job for Lewinsky. Their president,’’ says Lucianne Goldberg. ‘‘And her that she, Tripp, was going to tell the plan? They wanted Tripp to meet with we told her what courier service to use. Then truth about what Lewinsky had told her Lewinsky and wear a wire while she walked we told Spikey [Isikoff] to call the service.’’ about the relationship. Lewinsky through a conversation that they As 1997 drew to a close, Isikoff says he (Isikoff says he later found out that the serv- would script. ice was owned by Goldberg’s brother’s fam- knew he’d be coming back from his Christ- Getting more about Jordan on tape was ily, but that for him the only issue was the mas vacation in January to what night be a crucial for Starr. Because his office had been fact that Lewinsky had, indeed, sent the let- major story. established to investigate Whitewater, his ters and, one case, a package that seemed ‘CLOWNS IN A CAR’ people had already concluded that extending like a tape, according to the courier who de- ‘‘That first week in January,’’ recalls their jurisdiction to the Lewinsky affair re- livered it to the White House—and who was Lucianne Goldberg, ‘‘we were kind of pan- quired their arguing that Jordan’s role with made available for Isikoff to interview by icked. You had [Lewinsky] on the phone to Lewinsky paralleled his suspected but the eager-to-be-helpful courier service.) Linda . . . saying she didn’t know what to do unproven role in helping disgraced former June 24, 1998 CONGRESSIONAL RECORD — HOUSE H5255 Associate Attorney General Webster Hubbell Ginsburg (who was conferring with them by not know why she was released from her ex- obtain lucrative consulting assignments in telephone)—to agree to help them get Jordan tensive debriefing at that particular time. exchange for Hubbell’s remaining silent and the president on tape in exchange for im- Thus, the president’s criminal inquisitors, about the Clintons and Whitewater. munizing her from a perjury prosecution for having just finished with Tripp, had now On Tuesday, Goldberg or Tripp (Goldberg having sworn in an affidavit in the Jones made it possible for his civil case opponents and Isikoff won’t say who) called Isikoff and case that she and Clinton had not had a sex- to be given ammunition with which to ques- told him that Tripp had gone to Starr and ual relationship. No agreement was reached. tion the president in his sworn testimony— that Starr was planning to do his own taping STARR BEGS NEWSWEEK from which Starr, in turn, might then be of Lewinsky. ‘‘That call knocked my breath able to extract evidence of criminal perjury. That snag in dealing with Lewinsky forced out,’’ says Isikoff. And we now know that the next morning Starr’s people to bet Isikoff to hold off until On Wednesday, Isikoff got a full report President Clinton was questioned as closely Saturday before trying to call anyone whom from Goldberg (according to both) and pre- about Monica Lewinsky as he was about his story would implicate. Any call by pared to confront Starr’s office the next day Paula Jones. Isikoff to the White House or to Jordan ask- with what he knew. On Saturday morning, Klaidman of News- ing about the former intern would kill any week found out that Starr had gotten au- THE STING chance of Jordan or the president being thorization from the Justice Department to Later that night, says Goldberg, Tripp told stung by her. ‘‘You want to report what you expand his investigation to include her that ‘‘Starr’s people were shutting her know,’’ Isikoff says. ‘‘But you don’t want to Lewinsky. ‘‘That tipped me off the fence,’’ down . . . she was being moved and her phone influence what happens.’’ Isikoff agreed to says deputy Washington bureau chief Thom- number was being changed and all that.’’ wait until Saturday (his deadline was Satur- as. ‘‘Just that was a story.’’ Isikoff says that when he talked to Starr day evening), but admits, ‘‘This was making Isikoff, Thomas, and Klaidman were now deputy Jackie Bennett, Jr., on Thursday, me crazy. How was I gonna reach Jordan on pushing New York to publish. Meantime, Bennett begged him to wait until Friday be- a Saturday?’’ Starr’s people again begged Isikoff to hold fore tying to call Jordan, the White House, It was also not clear on Friday that News- off, but for a few hours, then for another or Lewinsky about his story. Why? Because week was going to run any story at all. ‘‘New week. Starr was not only going to confront York was sounding like they thought this ‘‘What followed,’’ says Isikoff, ‘‘was an in- Lewinsky with the new tape his team had wasn’t enough,’’ says Isikoff, referring to credible seven-hour dialogue. It went back just recorded of her and Tripp as they met in Newsweek New York-based top editors. and forth. I couldn’t believe we were still de- a dining room at the Ritz-Carlton, Pentagon ‘‘Friday night, Spikey called and told me bating this when I’ve got to try to reach Ver- City (in Arlington); they were also going to there was some problems,’’ Goldberg recalls. non Jordan.’’ try to get Lewinsky to wire herself and get ‘‘But he said it looked like they would to Jordan and maybe even the president on tape with it.’’ ‘‘SPIKED’’ obstructing justice. Isikoff says he agreed to Soon after that call, Isikoff finally hears At about 5:00 p.m. Newsweek chairman and hold off in exchange for getting a full report some of the original tapes. According to editor in chief Richard Smith decided to hold on how the stings had gone. Bennett refuses Lucianne and Jonah Goldberg and one source the story. Smith’s decision, he says, was to comment on any discussion he had with at Newsweek in a position to know, at 12:30 based on three factors: an uneasiness with Isikoff, except to say that ‘‘what Isikoff a.m. on Saturday, Tripp’s new lawyer, what they had heard and not heard about knew put us in a difficult position.’’ Moody, showed up at the Newseek offices Jordan on the tapes, their inability to ques- Also on Thursday, Starr’s deputies met in with two tapes that he had selected because, tion Lewinsky directly, and an inclination to the afternoon with Deputy Attorney General he told the Newseek staffers, they most per- take Starr up on his offer of waiting and not Eric Holder to request that Attorney Gen- tained to Jordan and a possible cover-up. impeding the investigation while also get- eral expand Starr’s authority be- ‘‘I had to fight with Moody until the last ting a better story. ‘‘Hell, it’s not like this yond Whitewater to include charges of an at- minute to let Newsweek hear those tapes,’’ was the Bay of Pigs,’’ says Isikoff, who ar- tempt to cover up Lewinsky’s affair with the says Goldberg. ‘‘He just didn’t get it,’’ gued against delay. ‘‘We don’t have any obli- president. Again, their hook to Whitewater Moody says he ‘‘never played any tapes for gation to work with the government. This was Jordan’s supposed role, a role that was Newsweek,’’ but declined to comment on the was as much a story about Starr as anything murky at best on the original Tripp tapes. account by the Goldbergs or the Newsweek else. And we knew that part cold.’’ Now, according to Bennett and to a Justice source that he made the tapes available for ‘‘We talked about just doing an item on Department official, the Starr people talked them to play. the expanded investigation [without naming about their own tapes of Tripp and Lucianne Goldberg says that at her direc- Lewinsky], but we thought we knew too Lewinsky, though no tapes were played at tion, Moody selected the tapes that would much for that,’’ says Smith. ‘‘It wouldn’t the meeting with Holder. most implicate Jordan and the president in have been leveling with our readers.’’ According to the Justice Department obstructing justice, because they contained Goldberg says that she learned from Isikoff source, while Starr deputy Bennett made the non-sex material that Isikoff said he at about 6:00 that the story was killed. At much of Jordan’s job hunt for Lewinsky, he needed to publish a story. 1:11 A.M. on Sunday, Internet gossip col- failed to mention what he knew from the Iskoff, along with Washington bureau chief umnist (who the prior summer earlier Tripp tapes—that Jordan had begun Ann McDaniel, deputy bureau chief Evan had spilled the beans on his website when offering that help at least a month before Thomas, and investigative correspondent Isikoff’s Willey story had been delayed) sent Lewinsky was subpoenaed in the Jones case. Daniel Klaidman, listened for four hours as out a bulletin: Newsweek had spiked an Bennett says he does not remember ‘‘if I Lewinsky talked and cried and complained Isikoff story about a presidential affairs with mentioned that.’’ about a man whom she called names like an intern. Bennett does confirm that he mentioned ‘‘the big creep,’’ but who she clearly meant Drudge’s report made Lewinsky radio- repeatedly that Newsweek was working on was the president. The sexual talk was ex- active. She could no longer be used to sting an article that would be public by Sunday. plicit, and it did not seem contrived. Jordan or the president, and the immunity ‘‘This was meant as a way of explaining why ‘‘We were all pretty convinced,’’ says negotiations here lawyer was having that we had to act fast,’’ says a Justice Depart- Thomas. ‘‘Within five or ten minutes it was night with Starr abruptly ended. ment participant. ‘‘But the way he said it clear to everybody that this was compelling Who leaked to Drudge? Although Lucianne and kept saying it, it also was clear to us stuff.’’ Goldberg concedes readily that she took a that if we turned down the request, News- Nonetheless, Isikoff concedes that the ma- call from Drudge that night and confirmed week would know about that, too. We had no terial they had hoped for about Jordan or the everything that Drudge knew, she ada- choice.’’ president being complicit in an obstruction mantly denies being his original source and Another reason that Reno was in a bind of justice just wasn’t there. offers an elaborate recitation of the cir- was that under the independent counsel law, ‘‘What we didn’t have here was Monica cumstance and time of her conversation with Starr could have appealed a turndown to the saying, ‘Clinton told me to lie,’ ’’ says Drudge that evening. mostly conservative three-judge panel that Isikoff. ‘‘In fact there is one passage where ‘‘Besides,’’ she adds, ‘‘what Drudge re- had appointed him in the first place. That Linda, knowing the tape is going, says, ‘He ported wasn’t really complete; there was probably would have meant that Starr would knows you’re going to lie; you’ve told him, nothing about the sting.’’ have gotten his jurisdiction after all, while haven’t you?’ She seems like she’s trying to Which is true, but it’s also a giveaway, be- Reno got a story in Newsweek saying she had get Monica to say it. But Monica says no.’’ cause if fact Goldberg had no way of knowing rejected it. That, concludes Isikoff, ‘‘made New York about the planned sting of the president and On Friday afternoon, January 16, Reno ap- real queasy when we told them.’’ Jordan, which means that she seems a likely proved the expansion of Starr’s jurisdiction. Unknown to Isikoff, while he was listening source. Asked about that, Goldberg laughs Also on Friday, Tripp met again with to the tapes, Tripp had been released by and says, ‘‘I’m sticking to my story.’’ Lewinsky at the Ritz-Carlton in Arlington, Starr’s investigators so that she could go As for Drudge, he supplied a similarly de- where FBI agents and Starr deputies de- home. Waiting for her there were Jones’s tailed explanation of why his source was not scended on the former intern. They stayed lawyers—who were scheduled to question Goldberg. with her until late that night trying to get President Clinton the next morning in a dep- ‘‘It would make sense for my mom to have her—and later, her and her lawyer, William osition. Starr would later tell me that he did talked to Drudge,’’ says Jonah Goldberg. H5256 CONGRESSIONAL RECORD — HOUSE June 24, 1998 ‘‘She really was mad that Newsweek was tapes describing ‘‘Clinton and Jordan direct- looking for a book deal who had surrep- killing it and she didn’t believe [Newsweek] ing her to testify falsely.’’ titiously taped some of her conversations would print it the next week. So, she may That is exactly the material that had been with a 23-year-old ‘‘friend’’ whom none of the . . . be afraid to admit it because the leak missing from the tapes that Newsweek reporters or pundits had talked to. seemed to blow up in Starr’s face even heard, which, in part, had caused the maga- Day 1: Wednesday 1/21/98 though she had not way of knowing that at zine to hold its story, as Isikoff concedes. THE SPECULATORS: the time.’’ And, remember, Tripp’s lawyer had selected Actually, the leak did work for Linda what he said were the most incriminating Jackie Judd’s 7:00 A.M. Good Morning Tripp and the Goldbergs. For it assured that tapes for Newsweek to hear that night. America report is a bombshell. Citing ‘‘a the Newsweek story would be anything but Which means that this damning material source,’’ Judd says Lewinsky can be heard on buried. was either on the new tapes that Tripp had a tape claiming the president told her to deny an affair and that Jordan ‘‘instructed SUNDAY GOSSIP just made of Lewinsky for Starr the prior week, or it is the Starr side’s extreme spin her to lie.’’ Again, those can’t be the tapes At 10:30 Sunday morning, William Kristol, on the tapes Newsweek heard. Tripp made on her own, because Newsweek the editor and publisher of the conservative This is not a minor point: The charge that would have heard that. Weekly Standard (and Dan Quayle’s former Lewinsky had been instructed to lie was not Switching to the pundits, ABC’s Stephan- chief of staff), who is a regular panelist on only the linchpin of Starr’s expanded juris- opoulos, the former Clinton aide, seconds a ABC’s Sunday morning show This Week with diction, but would also be the nub of any im- notion brought up five minutes earlier by Sam Donaldson & , became the peachment action against the president—and Sam Donaldson, saying: ‘‘There’s no ques- first person to mention the intern scandal on the premise of all of the front-page stories tion that . . . if [the allegations] are true any outlet beyond Drudge. Toward the end of and hours of dialogue that would . . . it could lead to impeachment proceed- the program, Kristol said: ‘‘The story in follow that speculated about impeachment. ings.’’ It has taken less than 70 minutes from Washington this morning is that Newsweek That such charges would stem secondhand— the breaking of the story of an intern talk- magazine was going to go with a big story from one person’s talking on a tape about ing on the phone for the discussion to esca- based on tape-recorded conversations, which what other people had said to her—is weak late to talk of impeachment. [involve] a woman who was a summer intern enough. Weaker still is that the only tapes At 7:30, the show’s newscaster says that at the White House.’’ heard by any reporters clearly didn’t say ‘‘two sources’’ have told ABC’s Jackie Judd Former Clinton aide George Stephan- that. In fact, they seemed to say just the op- that both Jordan and the president ‘‘in- opoulos, also an ABC pundit, interrupted and posite. The tapes, if any, that do have structed her to lie under oath.’’ Asked later said, ‘‘And Bill, where did it come from—the Lewinsky claiming she had been told to lie what happened in that half hour to double Drudge Report?’’ were based on a script provided by prosecu- her sources, Judd says, ‘‘I think I was trying As Kristol began to answer, Sam Donald- tors and not heard by any independent party to be extra-careful the first time. We actu- son jumped in, with what would turn out to to verify if Lewinsky had said so, or if she ally had a lot of sources.’’ be one of the rare moments in the whole in- was led too far into saying it. tern affair of a TV reporter exercising good VISIT TO A MUSEUM, THEN PAYBACK TIME on-air instincts: ‘‘I’m not an apologist for HAVE THAT SCOTCH For , the intern story Newsweek,’’ Donaldson said, drowning out , then a White House counsel began the way Watergate had: The Washing- Kristol with his trademark voice, ‘‘but if in charge of dealing with press inquires re- ton Post had caught the Paper of Record their editors decided they didn’t have it cold lated to the various investigations of the asleep. enough to go with, I don’t think we can president, recalls that at about 9:00 that ‘‘Drudge was just not something on our here.’’ Tuesday night, January 20, he returned a call radar screens,’’ one Times Washington re- ‘‘I hadn’t heard anything about Drudge or to the White House from Peter Baker of the porter recalls. And while some in the bureau anything else about this story,’’ Donaldson Post: ‘‘I told him he was interrupting a good had noticed Kristol’s comment on This would later recall. ‘‘I just decided we scotch. He said ‘You’re gonna need that Week, they hadn’t paid much attention to it, shouldn’t go on our air with a story that scotch.’ Then he laid it all out for me. It was much less allowed it to mar the three-day Newsweek had decided it couldn’t go with.’’ breathtaking.’’ Martin Luther King Day weekend. But the story had now moved far beyond Davis drove back to the White House, Worse, when the Times people awoke on Drudge, and the race was on to get there where he and other top aides assembled in Wednesday and saw the front-page Post first. White House Counsel Charles Ruff’s office story or caught the news on Good Morning The principal contestants were Jackie and waited for a messenger to bring then the America, there was little they could do to Judd, a general assignment correspondent Post from its loading dock a few blocks get an early start on catching up. The office for ABC, and of the Washing- away. By the time the Post came out on its had arranged a special tour of a new exhibit ton Post, with Time and the website at 12:30 A.M., ‘‘all hell broke loose on of old Times front pages at Washington’s also in the hunt. What Judd and Schmidt had my pager,’’ Davis recalls. ‘‘It was surreal. Corcoran Gallery of Art, and two reporters in common with Isikoff was that they had Everyone was calling, and meanwhile Clin- would later recall that there was pressure on been covering Whitewater—and Ken Starr ton is right below us in the Oval [Office] with them to turn out in good numbers. So until and his deputies—for years, when almost ev- [Israeli Prime Minister Benjamin] about 10:00 that morning, most of the Time’s eryone else was ignoring that beat. Schmidt Netanyahu.’’ talent was on a museum tour. recalls that the previous Friday she had Over at ABC, Jackie Judd’s story was Not Jeff Gerth. He skipped the tour. ‘‘heard from sources in Starr’s office some- ready for the 11:30 P.M. broadcast, In terms of being a sleuth, Gerth is more thing about Vernon Jordan and coaching a which meant she would have beaten the Isikoff than Isikoff. Now 53, he has covered witness.’’ The Drudge item, she says, gave Post. But Nightline host , who everything from organized crime, to global her ‘‘more direction.’’ was in Cuba doing a special on the Pope’s business regulation, to campaign finance, to ‘‘By Tuesday mid-day, Sue Schmidt came visit, decided to hold it rather than shoehorn food safety in his 21 years at the Times. And to me with an outline of the story,’’ recalls it in at the last minute. in 1992, he had broken the first Whitewater Washington Post executive editor Leonard Later that night, Judd managed to get the story. Downie. ‘‘We still waited late into the after- story onto the ABC radio network (as well as Now, recalls another Times reporter, Gerth noon and evening,’’ he adds. ‘‘It wasn’t any- its overnight television news show and its got ‘‘hold of his Ken Starr people and played thing we were missing as much as what website) and then led with it on Good Morn- a real guilt trip on them. They’d just made would make us feel better. We have a high ing America the next morning—which is him look bad and he was Mr. Whitewater.’’ threshold on private lives around here.’’ what caused Lucianne Goldberg to whoop (Gerth now refuses to comment on his Downie and the Post’s top editors stayed into the phone on January 21. sources, except to say that ‘‘you can imply through the evening, missing the deadline From that point, says , the what you want, but I always have multiple for the paper’s first edition at about 9:00 be- Washington Post reporter who teamed up sources.’’ He adds: ‘‘I didn’t feel bad about cause they still weren’t comfortable. Then, with in Watergate, there was missing this because I was never interested says Downie, Peter Baker, Schmidt’s report- ‘‘a frenzy unlike anything you ever saw in in touching the sex stories.’’) ing partner on this beat, ‘‘reached the won- Watergate . . . We need to remember that for Getting leaks from law enforcement offi- derful Mr. Ginsburg, who gave us an on-the- the first eight or nine months of Watergate, cials—especially information about prospec- record quote about the investigation, includ- there were only six reporters working on it tive or actual grand jury proceedings, where ing the classic quote about the president ei- full time.’’ the leaks are illegal—is usually a cat-and- ther being a misogynist or Starr having rav- What follows is a log of the first—and most mouse process. The prosecutors know they aged Monica’s life.’’ furious—three weeks of that frenzy. It are doing something wrong, and they worry The article finally ran in the second edi- should be read with one often-over-looked re- about whom they can trust. You run a guess tion, using the words ‘‘sources’’ or ‘‘sources’’ ality in mind: All of it—every bulletin, every by someone. They answer vaguely but en- 11 times. hour of talk radio, every segment of cable couragingly. You push a little bit more, and Citing ‘‘sources’’ who could only be people news specials, every Jay Leno joke, every they let on a bit more. Then you try some- in Starr’s office, the article’s fifth paragraph website page, every Congressional pro- one else, again stretching what you think said that Lewinsky can be heard on Tripp’s nouncement—would be based on a woman you know with a guess or two to see if that June 24, 1998 CONGRESSIONAL RECORD — HOUSE H5257 person will confirm your suspicion by saying has spent much of his time talking to indi- Bennett says, ‘‘I think I have been quoted on something like, ‘‘You’re not far off.’’ Then vidual reporters.’’ occasion.’’ you go back to the first person for confirma- Starr maintains that there was ‘‘nothing NEXIS check of all stories by major news- tion. It’s almost never as easy as it seems improper’’ about him and his deputies speak- papers, magazines, and network news organi- when a story is published or broadcast that ing with reporters ‘‘because we never dis- zations concerning the first month of the says, ‘‘sources say.’’ cussed grand jury proceedings.’’ Lewinsky story did not turn up any exam- But this morning, while he did not, he If there was nothing improper, why hadn’t ples of Bennett being quoted by name talk- later asserted, simply call one ‘‘magic phone he or Bennett ever been quoted by name on ing about the progress or particulars of the number’’ and get it all, Gerth had an easier, the record? investigation. faster time of it. ‘‘By about midday, Jeff had ‘‘You’d have to ask Jackie,’’ Starr replies. As for the comprehensive network reports a memo that was about as comprehensive as Aren’t these apparent leaks violations of about the Lewinsky investigation aired on you could imagine, which he kept the federal law, commonly referred to as the first night the story broke, Starr con- supplementing,’’ recalls Michael Oreskes, ‘‘rule 6–E,’’ that prohibits prosecutors from firms in our interview that Bennett had the Times’ Washington bureau chief. Gerth revealing grand jury information? spent ‘‘much of the day briefing the press.’’ freely shared his memo with everyone in the ‘‘Well, it is definitely not grand jury infor- But he asserts again that Bennett had done office. mation, if you are talking about what wit- nothing improper because his efforts were di- nesses tell FBI agents or us before they tes- ALL MONICA ALL THE TIME rected at countering the impression that tify before the grand jury or about related At 6:00 p.m. the MSNBC Internet news Starr’s office had improperly exceeded its ju- matters,’’ he replies. ‘‘So, it’s not 6–E.’’ risdiction or had mistreated Lewinsky. In service, which beginning at 11:00 a.m. had In fact, there are court decisions, (includ- headlined the Lewinsky story ‘‘A Presi- none of these reports is Bennett quoted by ing one in early May from the Washington, name. dential Denial,’’ is now calling it ‘‘Crisis at D.C., federal appeals court with jurisdiction the Top,’’ with the sub-headline ‘‘Sex allega- Asked if he had spoken to the network cor- over this Starr grand jury) that have ruled respondents, or to Schmidt of the Post, or to tions threaten to consume White House.’’ explicitly that leaking information about Meantime, MSNBC’s sister cable-TV channel Gerth of the Times, Bennett said, ‘‘Ken has prospective witnesses who might testify at a said what he said . . . but I am not going to is talking about the intern allegations al- grand jury, or about expected testimony, or most nonstop. For the next 100 days, the answer any questions about any particular about negotiations regarding immunity for conversations I had with any members of the fledgling cable channel would become vir- testimony, or about the strategy of a grand tually all Monica, all the time. press. . . . I don’t think it’s any of your busi- jury proceeding all fall within the criminal ness.’’ NEWSWEEK GOES ON-LINE prohibition. And Starr himself has been The reporters involved declined all com- The Post and ABC stories (plus a front- quoted on at least one occasion saying the ment on their sources—which, of course, is pager in the Los Angeles Times that has al- same thing. On February 5, during one of his what they should do if they have promised most as much information as the Post) have sidewalk press conferences, Starr refused to their sources anonymity. now made a joke out of the idea that comment on the Lewinsky investigation’s APPLYING THE PRESSURE Isikoff’s story can hold until next week. So, status. He couldn’t talk, he said then on at about 7:00 p.m., Newsweek goes on-line. camera, ‘‘about the status of someone who There is a purpose to these January 21 Isikoff’s furiously typed story loads up ev- might be a witness [because] that goes to the leaks beyond glorifying Starr and embarrass- erything he knows. What’s notable is that he heart of the grand jury process.’’ ing the president. On this day, the day that now doesn’t mention what he later says was Moreover, whether or not the criminal law the story breaks, Starr’s people are again ne- a key exchange on the tapes he heard, the applies to these discussions between report- gotiating with Lewinsky’s lawyer, William question-and-answer that had caused his edi- ers and Starr and his deputies, it is clearly a Ginsburg. ‘‘The more they can make me feel tors to hold the story: the fact that on those violation of both Justice Department pros- like they have a strong case without me,’’ tapes Lewinsky answer, ‘‘No,’’ when Tripp ecutorial guidelines and the bar’s ethical says Ginsburg, ‘‘the more pressure they fig- asks, ‘‘He [the president] knows you’re going code for prosecutors to leak substantive in- ure I’ll be under. And the same I guess is to lie. You’ve told him, haven’t you?’’ formation about pending investigation to the true for Vernon Jordan. They want him to flip, too.’’ LIVE FROM HAVANA press. What about that? I ask Starr. Was he con- The most laughably lapdog-like work Each of the three broadcast network news comes from NBC’s who, anchors is live in Havana for the Pope’s ceding unethical but not illegal leaks? Perhaps realizing that he has already con- throughout this story, would perform as a visit, but the headline for each show is ceded too much, Starr reverts to a rational- virtual stenographer for Starr. In a report Lewinsky—and the heart of all three reports ization so stunning that two days later I lasting about two minutes, he uses the terms features a correspondent who, citing anony- called his just-hired spokesman, Charles ‘‘sources say’’ five times and ‘‘law enforce- mous sources, has clearly been given exten- Bakaly, who sat in on much of the Starr ment source’’ twice, ending ominously with sive information by Starr’s office. interview, to make sure I heard it correctly. this: ‘‘One law enforcement source put it this STARR AND LEAKS (Bakaly said that I had.) way, quote, ‘ We’re going to dangle an indict- On April 15, during a 90-minute interview ‘‘That would be true,’’ Starr says, ‘‘except ment in front of her [Lewinsky] and see with Starr, I am reminded of the kind of old- in the case of a situation where what we are where that gets us.’ ’’ Bloom is clearly help- world straight arrow that he is. Starr is the doing is countering misinformation that is ing Starr fulfill his duty to ‘‘engender con- opposite of slick—which in this case means being spread about our investigation in order fidence in the work of’’ his office. he doesn’t lie when asked a straight, if unex- to discredit our office and our dedicated ca- CBS’s and the network’s chief pected, question. After he expresses dis- reer prosecutors. . . . I think it is our obli- White house correspondent, , are appointment with my insistence that our gation to counter that kind of misinforma- more circumspect. Rather characterizes conversation not be off the record or on tion . . . and it is our obligation to engender Clinton’s comments on National Public background, I ask a series of question not public confidence in the work of this office. Radio and The NewsHour with Jim Lehrer as about his investigation, but about discus- We have a duty to promote confidence in the ‘‘flat-out’’ denials, and he repeatedly empha- sions he or his deputies might have had with work of this office.’’ sizes that none of the allegations have been reporters. I make clear that these questions In other words, Starr is claiming a free proven. are based not only on the obvious fact that pass. For even assuming that his leaks are At ABC, Sam Donaldson dissects what he many of the stories about the investigation not illegal under 6–E—which, again, is a huge sees as the tentativeness of the president’s seem to have only been able to have come assumption—he’s saying that they are not denials. Then, Jackie Judd, citing a ‘‘source from his office, but also on what reporters or unethical either, because they are aimed at who has heard the tapes’’ that Tripp made at editors at six different news organizations negating attacks and promoting confidence the Ritz-Carlton under the Starr people’s di- have told me and, in three cases, on docu- in the work of his office. Which, of course, rection (which means at this point that only ments I have seen naming his office as a could be said about any leak from any pros- Starr’s office can possibly be the source), source for their reporting about the ecutor that attempts to show that an inves- says that Lewinsky can be heard on the Lewinsky allegations. tigation is making progress in going after tapes saying that ‘‘Jordan instructed her to Details of his answers are reported below. the bad guys. lie under oath.’’ The Starr people are clearly As a general matter, in response to an open- Asked two days after the Starr interview using one of the three reporters they know ing ‘‘Have you ever . . .?’’ question, Starr about this apparent loophole in the ethical best and trust the most (the other two being hesitates, then acknowledges that he has prohibitions against leaks (again, even as- Isikoff and the Post’s Susan Schmidt) ‘‘to often talked to various reporters without al- suming they are not illegal), Starr’s deputy, engender public confidence’’ in their work— lowing his name to be used and that his Bennett, says, ‘‘It is true that Ken’s view is and to step up the pressure on Lewinsky and prime deputy, Jackie Bennett, Jr., has been that . . . the public has a right to know Jordan. actively involved in ‘‘briefing’’ reporters, es- about our work—to the extent that it does When asked specifically about these three pecially after the Lewinsky story broke. ‘‘I not violate legal requirements.’’ reporters during our interview, Starr ac- have talked with reporters on background on As for why, if all of this is proper, Starr or knowledges that his deputy, Bennett, has some occasions,’’ he says, ‘‘but Jackie has he had not been quoted by name on the talked ‘‘extensively’’ to each. He then refers been the primary person involved in that. He record countering all this misinformation, me to Bennett for details. Bennett refuses to H5258 CONGRESSIONAL RECORD — HOUSE June 24, 1998 comment on any talks he had had with the that apparently the president’s voice is on an hour magazine program the way it is for favored three. In none of their reports is her tape machine. . . . If true, how idiotic of network television. Rather it’s a matter of Bennett ever quoted by name. the President of the ,’’ igniting a rocket under the entire revenue FEEDING THE FURNACE Fineman declares. structure of the enterprise. Nearly for months later, as of this writing, Twenty years ago a story of this scope Thus, while the three broadcast networks’ there is no confirmation of that tape, let would have had a chance to catch a breath evening news ratings increased a total of alone confirmation that, if there is one, it after the network evening newscasts. The about six percent in the week beginning on incriminates the president in anything. this day (January 21), MSNBC’s average rat- next round of coverage would not come until ‘‘Television is definitely more loosey-goos- the morning papers. Now it is only after the ing for its entire 24-hour day—a day when al- ey than print,’’ Fineman later explains. most all of its coverage was devoted to the networks’ evening news that the story ‘‘And I have loosened up myself, sometimes achieves maximum velocity. It’s then that intern scandal—increased by 131 percent. to my detriment . . . and said things that Which meant that its revenue from advertis- talk television gets to use it to fill its need were unfair or worse. . . . It’s like you’re for the news that is gold—the type that can ing (which is the only revenue that varies doing your first draft with no layers of edi- from week to week in cable television) would generate ratings with inexpensive talking tors and no rewrites and it just goes out to heads rather than expensive reporters in the also jump 131 percent if it could sustain that millions of people.’’ increase. field. Within a week, Fineman would become a Day 2: Thursday 1/22/98 On CNN’s Live, Evan Thomas regular on-air nighttime and weekend ana- of Newsweek leads off with his description of lyst for NBC, MSNBC, and CNBC for an an- NOT WATERGATE the Lewinsky tapes he had heard. nual fee that he says is ‘‘in the ballpark’’ of The Times gets up off the mat with a com- ‘‘Our PR department decided to do a blitz $65,000. That’s about 40 percent of his day-job prehensive page-one report that leads with on television and get all of us out there,’’ Newsweek salary for what he estimates to be the president’s denial—then details the ma- Thomas later explains. ‘‘It’s something the 5 to 10 percent of the time he works for the terial on the tapes. Most of the country’s newsweeklies always want to do nowadays— magazine. other newspapers use information from the get mentioned and get noticed—and in this ‘‘We didn’t let our reporters actively cover- Times and The , which pub- story we really wanted to be identified with ing this go on television, except for Bob lishes a less complete story. it because it was our story. . . . You need to [Woodward], who essentially talked about What all the stories have in common is be careful about television,’’ adds Thomas. Watergate,’’ ’s Downie that none is based on firsthand reporting. It ‘‘They try to lure you into saying more than later says. They’re supposed to be reporters, is all the prosecutors’ or other lawyers’ you know, into saying something new. It’s a not people giving spin or expressing a point (‘‘sources’’) rendition of what witnesses or trap, and after a few days I hated it.’’ of view. And if I were running Time or News- potential witnesses have said, are saying, or Thomas tells a caller who asks how he can week I would have the same view.’’ might say. know the tapes are legitimate that one of ‘‘Len and I have a different view on that,’’ ‘‘The big difference between this and Wa- the reasons that Newsweek did not run its counters Newsweek editor in chief Richard tergate,’’ says Bob Woodward is that in Wa- story that weekend was that it could not au- Smith, who also notes that ‘‘the people on tergate, Carl [Bernstein] and I went out and thenticate the tapes. That’s a new expla- our staff who were really in the know— talked to people whom the prosecutors were nation, and, if sincere, it raises the question Isikoff, McDaniel, Thomas—were among the ignoring or didn’t know about. . . . In fact, of why Newsweek went on-line today with its most sober, thoughtful voices you heard. But that’s what Watergate was all about—the story; for the magazine certainly can’t have you can find people in our organization or government not doing its job when it came authenticated the tapes since it heard them any organization that, given the voracious to prosecuting this case. . . . And we were that Saturday morning because it did not maw that electronic journalism has become, able to look these people in the eye and de- get to keep copies. were tempted to say more than they knew.’’ cide if they were credible and get the nu- Whatever these nits, King’s show, which Another Olbermann guest is the NBC col- ances of what they were saying. . . . Here, includes former Clinton aides league , the NBC Washington bu- the reporting is all about lawyers telling re- and Dee Dee Myers as well as reau chief and host. ‘‘One of porters what to believe and write.’’ and George Bush press secretary Marlin his best friends told me today,’’ says Fitzwater, does provide a good, lively intro- Russert, referring to the president, ‘‘if this is TODAY FIGHTS BACK duction to the story. true, he has to get out of town.’ .. Whether After being bested by Jackie Judd and Geraldo Rivera, on CNBC’s Rivera Live, it will come to that, I don’t know, and I yesterday, the Today provides quite a bit more. His guests include don’t think it’s right or fair to be in the show is fighting back. One advantage the Paula Jones spokeswoman Susan Carpenter speculation game.’’ show has is NBC’s contract with Newsweek’s McMillan; William Ginsburg, who for this But talk TV is the speculation game. So, Isikoff. Plus, they have snagged Drudge. But hour is in his ‘‘I-can’t-say-anything’’ mode; a after taking a breath, Russert continues: first we hear from Tim Russert, who de- Newsweek editor named Jon Meacham (ap- ‘‘But I do not underestimate anything hap- clares: ‘‘I believe [impeachment] proceedings parently one of Thomas’s TV-blitz squad peo- pening at this point. The next 48 to 72 hours will begin on if there is not clarity ple), who had not heard the Lewinsky tapes are critical.’’ given by the president over the next few but is on the show to talk about them any- Olbermann’s MSNBC show, which runs weeks.’’ way and does so happily; and one Dolly from 8:30 to 9:00 p.m. eastern time, debuted Then cohost peppers Drudge Browning, who has written a novel (agented last October. A marquee newscaster at the with questions about his journalistic stand- by Lucianne Goldberg), which is described as ESPN cable sports network, Olbermann had ards. Then he demands, ‘‘Are you at all con- a fictionalized version of her own long affair been lured by big bucks and the promise of cerned that you’ve made a mistake here?’’ with . Add three more lawyer- aggressive promotion that would put him Drudge responds by hurling another sleaze pundits and Rivera (who also has a law de- and MSNBC—the Microsoft-NBC joint ven- ball: ‘‘Not at all. As a matter of fact, I have gree), and you have a kind of dinner party ture challenge to CNN—on the map. Now, as reported that there’s a potential DNA trail conversation from hell, in which any and all his show wraps on this first night of the that would tie Clinton to this young variety of truth, speculation, fiction, and ax- scandal, his procedures are already talking woman.’’ grinding are thrown together for the viewing among themselves in the control room about What Drudge is referring to is his report on public to sort out for themselves. using the intern scandal to birth a whole new the Web the day before about a semen- Over at MSNBC, we find The Big Show show called White House in Crisis. That show stained dress—which is something Lucianne with , which features much would debut at 11:00 on February 3. And Goldberg later told me she had heard about the same mixture but with a more sarcastic MSNBC officials would later make no bones from Tripp and had passed on to Drudge and and less intelligent host. The blitzing of the fact that with that show, and with some other reporters. Newsweeker here is Howard Fineman, the Olbermann’s 8:00 p.m. show and, indeed, with Lauer asks for more. ‘‘You say Monica magazine’s chief political correspondent. Ac- the entirety of their-talk-news daytime pro- Lewinsky has a piece of clothing that might cording to Thomas and Isikoff, Fineman gramming, they were hell-bent on using the have the president’s semen on it,’’ he says. hadn’t even known about the Lewinsky story intern scandal to do for their entire network ‘‘What evidence do you have of that?’’ until after Drudge leaked it, much less heard what the Iranian hostage crisis had done for ‘‘She has bragged . . . to Mrs. Tripp, who the tapes, a point Fineman later concedes to a half-hour ABC program called Nightline in has told this to investigators, it’s my under- me. 1979. standing,’’ says Drudge. ‘‘We have heard some of the tapes,’’ Indeed, MSNBC’s use of the alleged intern Next up is Isikoff (who has already ap- Fineman begins, not telling his viewers how scandal was endemic to how all-24 hour cable peared in the first half hour). Lauer can’t let royal his use of ‘‘we’’ really is. After describ- news networks and all talk radio had come the dress story die. He demands to know if ing what everyone else by now has said is on to use such topics in the late 1990s. For these Isikoff ‘‘has heard anything’’ about the them, he adds something new, revealing that talk machines, the subject matter isn’t sim- dress, or if he has any confirmation of its ex- ‘‘we’’ have ‘‘confirmed, apparently, the presi- ply a question of bumping circulation a bit istence. Isikoff tries to brush him off: ‘‘I dent’s own voice on Monica Lewinsky’s an- for a day or a week, the way it is for tradi- have not reported that, and I am not going swering machine. We haven’t heard that tional newspapers or magazines or of boost- to report that until I have evidence that it tape, but we know pretty authoritatively ing ratings for a part of a half-hour show or is, in fact, true.’’ June 24, 1998 CONGRESSIONAL RECORD — HOUSE H5259 Lauer doesn’t let go. ‘‘You’re not telling ing circumstantial evidence—messenger re- reporters to disseminate national news—gob- me whether you’ve ever heard it,’’ he per- ceipts [the ones created by Lucianne Gold- ble up the confirmed and unconfirmed from sists. ‘‘I’ve heard lots of wild things, as I am berg’s brother’s family’s courier service] . .. everyplace else, print and television. sure you have,’’ Isikoff replies, clearly frus- or reports of the president’s voice on the an- It is not a pretty picture. trated. ‘‘But you don’t go on the air and blab swering machine of Lewinsky.’’ And it’s a major manifestation of the virus them.’’ NBC caps its report with a discussion be- that will afflict this story: A rumor or poor- Asked later why he had given Drudge the tween and Tim Russert. ‘‘Tim, ly sourced and unconfirmed leak aired or opportunity to air any unconfirmed rumors tomorrow [Friday, January 23] is the biggest printed in one national medium ricochets live on national television, let alone pressed day of the Clinton presidency,’’ Brokaw de- around the country until it becomes part of him about the most sordid one out there, clares. Whereupon Russert notes that the the national consciousness. In short, once Lauer says, ‘‘Because that story was out key event of the big day—Lewinsky’s sched- it’s ‘‘out there,’’ it’s really out there. there. People were starting to talk about it.’’ uled deposition in the Jones case—is now THE MISSOURI INTERNS As for why he hectored Isikoff about likely to be postponed, which it was. Today’s Post-Distpatch rumor bazaar is Drudge’s dress rumor, Lauer says, ‘‘I was NOW, IT’S 24–48 HOURS supplemented by the one kind of national really just trying to get him to debunk it, Russert is nothing if not consistent. Yes- story that most newspapers still produce not substantiate it. That’s all I was doing.’’ terday he declared that the president had 48– with their own reporters and with parody- In a moment rich enough an irony for a re- 72 hours to give their country a complete ex- like uniqueness: the classic ‘‘local angle.’’ In make of the movie Network, planation. Now on NBC’s sister network, this case, it’s a piece headlined ‘‘Missouri, Il- followed Lauer’s semen interviews about an CNBC, he tells Geraldo Rivera that the presi- linois Interns Are Fully Briefed on Pitfalls of hour later with a segment featuring a child dent ‘‘basically has the next 24 to 48 hours to Job.’’ It’s about how interns at the two state psychologist explaining how to help our chil- . . . talk to the country, either through a legislatures are cautioned about being dren ‘‘make sense’’ of ‘‘the Clinton sex scan- press conference or a news interview and ex- wowed by ‘‘people of influence and cha- dal.’’ risma.’’ Meanwhile, at ABC’s Good Morning Amer- plain exactly what happened, what kind of ica, the pundits, including George Stephan- relationship he had.’’ INSIDE KEN STARR’S MIND opoulos and Sam Donaldson, bat around all ‘‘I was only reporting the state of mind of On the CBS Evening News with Dan Rath- manner of rumors and leaks—including a people at the White House,’’ Russert later er, Phil Jones reports that ‘‘two sources fa- dress about which ‘‘there are all sorts of re- contends. ‘‘Even the president, in those first miliar with the independent counsel’s inves- ports on the Internet’’ (Donaldson), sexually few days, said he would provide answers tigation tell CBS News that Kenneth Starr explicit tapes, and the fact that the presi- sooner rather than later.’’ is, quote, ‘absolutely convinced that Monica dent admitted to having ‘‘an affair’’ with BRENDAN SULLIVAN TO THE RESCUE Lewinsky was telling the truth when she was Gennifer Flowers in his Paula Jones deposi- Over at , Newsweek’s Evan recorded by her friend Linda Tripp.’ ’’ tion (something also mentioned on NBC). Thomas has apparently forgotten his own THE DRESS The only guest who stays on the straight and worry about reporters trying too hard to ABC’s Peter Jennings opens World News narrow is legal analyst . make news on television. ‘‘We understand Tonight with this introduction: ‘‘Today, ‘‘I do have an m.o.,’’ Toobin explains later. Brendan Sullivan’’—the famed Washington someone with specific knowledge of what it ‘‘These cases really come down to facts . . . lawyer who represented Oliver North, among is that Monica Lewinsky says really took and facts tend to be in short supply at the others, and is a partner at the firm where place between her and the president has been beginning of a story like this. So I just try Clinton defense lawyer David Kendall is also talking to ABC’s Jackie Judd.’’ to emphasize the variety of options based on a partner—‘‘is mastermining a legal team’’ Following this buildup, Judd reports: ‘‘The the factual scenarios. . . . It’s more about for the president, Thomas tells King. If so, as source says Monica Lewinsky claims she journalism than the law, because journalism of this writing, he has never surfaced. would visit the White House for sex with Mr. [asks] about facts. . . . The problem,’’ ‘‘That was just wrong,’’ Thomas concedes Clinton in the early evening or early morn- Toobin continues, ‘‘is that if, for example, later. ‘‘Brendan may have an informal role,’’ ings on the weekends, when certain aides you engage in a . . . long discussion about he adds. ‘‘But how are you ever gonna prove who would find her presence disturbing were the legal elements of obstruction of justice, it?’’ not at the office. According to the source. you are a presupposing that there was an ob- Day 3: Friday 1/23/98 Lewinsky says she saved, apparently as some struction of some kind. . . . A discussion kind of souvenir, a navy blue dress with the GENNIFER AND MONICA about the elements of impeachment pre- president’s semen strain on it. If true, this supposes that there’s some relevance to an The Washington Post publishes a story could provide physical evidence of what real- impeachment discussion. Worst of all,’’ he headlined ‘‘Flowers Feels Vindicated By Re- ly happened.’’ concludes, ‘‘all of the Lewinsky discussions port; Similarities Seen in Relationships.’’ This source could be someone who has were based on the one hundred percent cer- The story is based on the false leak that the heard the tapes. It could even be Linda tainty that they had a sexual relationship, president has now acknowledged an ‘‘affair’’ Tripp. But it’s not. Although Judd would not and there is pressure in that direction be- with Flowers, rather than the one encounter comment on her source, Lucianne Goldberg cause it makes the discussion interesting.’’ that it turns out the president did admit to told me that she herself is the source for this OUT OF HAVANA in his deposition. (This exaggeration of what Jackie Judd report and for others that would the president actually admitted to—not of follow. And she claims she heard all this The network evening newscasts have left what might have actually happened—will Cuba and the Pope behind; the anchors are from Linda Tripp, but is not sure that any of pollute most subsequent accounts of the dep- it is on a tape. (The Newsweek people who now reporting from Washington (NBC and osition.) The paper also runs an account of CBS) or New York (ABC). heard the tapes say it is not on what they the continued sparring between Starr’s office heard.) In fact, Goldberg is not sure that ‘‘First we heard that Brokaw was going and Lewinsky lawyer William Ginsburg. It’s back,’’ recalls CBS’s Dan Rather. ‘‘Then we Tripp said Lewinsky had talked about hav- full of anonymous sources from Starr’s side ing saved a dress, as opposed to a dress sim- heard Jennings was . . . clearing out . . . I and the on-the-record Ginsburg on truly wanted to stay there and report on the ply having been stained. ‘‘I might have added Lewinsky’s side. ‘‘They leak and I patch,’’ the part about it being saved,’’ Goldberg told Pope, but I got the distinct impression [from Ginsburg asserts later. his bosses in New York] that if I stayed an- me. other minute, I would have been there all ‘OUT THERE’ We can assume that Goldberg is telling the alone and without a job. I might as well have The St. Louis Post-Dispatch (which is a truth that she’s the source because of what just stayed here forever with Castro.’’ good barometer of mainstream city news- Judd reports next: ‘‘ABC News has obtained documents that CBS’S SCOOP papers outside the media hothouses of Wash- ington, New York, and Los Angeles) leads confirm that Lewinsky made efforts to stay For all of Rather’s purported reluctance, with a story, ‘‘From News Services,’’ that— in contact with the president after she left CBS News now begins to emerge as a place by definition in a situation like this—vacu- the White House. . . . These are bills, ‘‘she for unexciting but important scoops. To- ums up every leak and rumor about the in- continues, holding some papers up to the night, White House correspondent Scott vestigation and the Lewinsky-Starr negotia- camera, ‘‘from a courier service which Pelley reports that the president’s personal tions. Lewinsky used at least seven times between secretary has been subpoenaed to testify be- Bob Woodward would later say that print October 7 and December 8.’’ fore the grand jury and that FBI agents had had done a much better job with this story Yes, the courier service—the one owned by gone to her home last night. Pelley is also than television because ‘‘it has the time to Goldberg’s brother’s family. How else but the first to report that Secret Service check things out and get it right.’’ He’s gen- from Goldberg could Judd have obtained records indicate that Lewinsky visited the erally right about papers with their own na- those handy records? White House ‘‘as recently as last [Decem- tional reporters, like The Washington Post, STOP US BEFORE WE KILL AGAIN ber].’’ the Los Angeles Times, the , Every two or three days throughout the re- ‘THE BIGGEST DAY IN THE CLINTON PRESIDENCY’ USA Today, and The New York Times. But porting of this alleged scandal, the press On the Nightly News, NBC White House today, as on most days, the other papers— seems to stop, take a breath, and flagellate correspondent cites ‘‘mount- which now mostly use news services and wire itself, as if to say to its audience, ‘‘Stop us - H5260 CONGRESSIONAL RECORD — HOUSE June 24, 1998 before we kill again.’’ Much of it, including dent Andrew Lack later. ‘‘The shows have ‘‘I thought that showing it once was okay, a piece by ABC’s Cynthia McFadden and a different flavors, but as long as they don’t but that after that we should have shown it special on CNN moderated by Jeff Green- change their acts, I’m not concerned.’’ in context,’’ CNN/US president Richard field, would be quite good. Much of it would Day 4: Saturday 1/24/98 Kaplan says later. ‘‘Clinton always embraces be quite the opposite. THE SOUVENIR DRESS people and he must have embraced a hundred For example, minutes after Judd’s scoop, people just that way at that event . . . I told The Lucianne Goldberg-Jackie Judd semen Jennings introduces Tom Rosensteil of the our people to show it in context.’’ Pew Charitable Trusts’ Project for Excel- dress story is spreading. The front page of So how come we still have only seen this lence in Journalism. the New York Post blares, ‘‘Monica’s Love isolated embrace? I ask Kaplan two months Jennings: ‘‘How do you think the media is Dress,’’ with the declarative subhead after it was first aired, ‘‘I don’t know,’’ he doing, Tom?’’ ‘‘Exintern Kept Gown as Souvenir of Affair.’’ says. ‘‘I told them not do it. I just don’t Rosensteil: ‘‘So much of what we have seen The story quotes ‘‘sources.’’ know.’’ in the last three days is speculation, rumor, ‘‘She Kept Dress,’’ echoes the Daily News. Tomorrow, in its new issues, Newsweek Some papers across the country also ran a innuendo.’’ will make even more of the picture. Evan Jennings: ‘‘Let me say . . . that I think the United Press International wire service Thomas will pen an article that tells readers press has been pretty good on saying repeat- story, sent out the night before, saying that to ‘‘look closely at those video clips. There is edly these are allegations. Would you have ABC has quoted an unnamed source saying, a flirty girl in a beret, gazing a little too us ignore them?’’ ‘‘Lewinsky saved a navy blue dress stained adoringly at the president—who in turn Rosensteil: ‘‘No. . . . But we have reporters with President Clinton’s semen.’’ So now we gives her a hug that is just a bit too famil- go on and characterize secondhand what is have a source not saying that that is what iar.’’ on the tapes. . . . We’ve had reporters go on Lewinsky says, but just plain stating it. ‘‘What Newsweek wrote was just bullshit,’’ and say that the president has 48 hours to LEWINSKY NOT ‘SQUEEZED’ Kaplan asserts. ‘‘There’s nothing special .. . put the scandal behind him.’’ Schmidt of The Washington Post does ste- about the embrace.’’ Jennings: ‘‘Okay, Tom Rosensteil, thanks nography for the prosecutors. Citing ‘‘Any criticism of that is completely full of very much. Critical of the press. Part of his ‘‘sources close to Starr,’’ she writes that shit,’’ counters Thomas. ‘‘All over Washing- job.’’ Lewinsky’s ten-hour session in Arlington ton you could just feel people reacting to A WEAKNESS FOR 24-YEAR-OLDS with Starr’s deputies and the FBI wasn’t that picture. She had that come-hither look.’’ Oldberman’s Big Show at 8:00 features a really a harrowing encounter, after all. It guest who says. ‘‘Maybe if he stood . . . up only took that long, Schmidt writes, because RATINGS HEAVEN there and said, ‘I’m sorry. I have a weakness Lewinsky let it drag on. According to MSNBC communications di- for 24-year-olds,’ he might . . . survive it.’’ This kind of leak from Starr’s shop clearly rector Maria Battaglia, the fledgling cable The expert: Watergate ex-con John falls under the category of what Starr later network scores its highest ever full-day rat- Ehrlichman. contends were ‘‘attempts by us to counter ing (outside of its Princess Diana coverage) the spread of misinformation.’’ FOUR OTHER INTERNS today. By her estimate, ‘‘ninety-five percent In fact, in our interview he even cites ‘‘cor- of our coverage was the scandal.’’ The stars Geraldo Rivera hosts the usual melange, recting allegations about our mode of inter- are Newsweek pundits Isikoff and Jonathan who trade all variety of wild theories. He rogating a particular witness’’ as an example Alter, who has a contract with NBC and its calls them his ‘‘cast,’’ and they include of the kind of press briefing Bennett had un- cable networks to produce pieces and provide Gennifer Flowers, Paula Jones’s lawyer, and dertaken. But as an attempt to affect public commentary. some other lawyers, one of whom is Ann perception—and a potential jury’s percep- Day 5: Sunday 1/25/98 Coulter, a Rivera regular described as a con- tion—it is also a clear violation of Justice servative ‘‘constitutional law attorney.’’ Department guidelines and the lawyer’s code ‘SPECIAL ASSISTANT TO THE PRESIDENT FOR B- Asked by Rivera if she thinks it is ‘‘sleazy’’ of professional responsibility. -- J---’??? At 6:00 a.m., Time magazine director of that Lewinsky had been questioned for RESIGNATION ‘‘eight to nine hours without an attorney public affairs Diana Pearson reports for At 6:00 p.m. on this Saturday evening, CNN present,’’ Coulter counters matter-of-factly work. Pearson, who had recently been lured breaks into its regular programming with a that it is not as bad as ‘‘the President of the away from Newsweek, is one of a new breed bulletin. , standing on the White United States using her to service him, along of in-house magazine marketing people. Her House lawn, says, ‘‘Despite the president’s with four other interns.’’ job: to get Time mentioned. Her main tool: What’s curious about the Rivera show is public and carefully phrased public denials, the press release she finishes at dawn every the way it uses its NBC bloodline to combine several of his closest friends, and advisers, Sunday morning that touts the issue that this kind of rollicking garbage with the more both in and out of the government, now tell went to press late the night before. She then serious contributions of the network’s CNN that they believe he almost certainly faxes it to newspapers and television net- newspeople. Mixed in with the screaming and did have a sexual relation[ship] works, making sure that it reaches the TV smearing from Coulter and the others are with . . . Lewinsky, and they’re talking people in time to be talked about on the live reports from White House correspondent among themselves about the possibility of a Sunday shows. Shipman and even taped bites from Tom resignation . . .’’ Mark this moment—about This morning she is working with what Brokaw. 6:00 p.m. on Saturday, January 24—as the Time managing editor Walter Isaacson later It’s a fascinating display of corporate syn- height of the frenzy. tells me ‘‘is our crash effort to catch up to ergy. Or perhaps it is a suicidal, long-term ‘‘Every one of us senior advisers were sit- Newsweek.’’ cheapening of a great brand name. True, the ting there . . . in the White House having a She reads through Time’s piece and de- high-low mix helps ratings short-term; but if meeting to prepare to go on the Sunday talk cides, as she later puts it, that ‘‘the most your business plan as a media organization is shows,’’ Clinton aide later re- catchy item, and one thing we had that to be a cut above Drudge—and it has to be, calls, ‘‘and we heard Wolf outside saying we seemed to be new,’’ is an unsourced claim because anyone can be Drudge—how can this were talking about resignation . . . It was buried in Time’s exhaustive report, in which be a good long-term business strategy? pure bullshit. And we all went out there and Lewinsky reportedly told Tripp that if she Asked later if she minded being sand- yelled at him.’’ ever moved back to the White House from But Blitzer had been careful to say he was wiched in that night between Rivera, talking the Pentagon, she would be ‘‘Special Assist- referring to Clinton friends, in and out of the about the president’s ‘‘alleged peccadilloes,’’ ant to the President for blow jobs.’’ So, she government, not just to the White House and Coulter, talking about those ‘‘four other makes it the headline of her press release. group Begala is talking about. And with all interns,’’ Shipman says, ‘‘It’s true that you ‘‘I have never seen this,’’ Isaacson says the media tornadoes swirling about concern- get a different style on NBC with Brokaw when asked about this press release five ing other women, a smoking gun—semen than with Olbermann or Geraldo, but I think weeks later. ‘‘But I have heard about it, and dress, and the like, it should have been no Geraldo does a pretty good job of separating can tell you that that should not have been surprise that some of the president’s friends, out the rumor from the fact. He’s very smart the headline. . . . We’ve now taken careful especially those outside the immediate and I am not at all uncomfortable with his steps,’’ he adds, ‘‘to make sure that all press White House group working on fighting the role at NBC.’’ releases are cleared by a top editorial per- Do the NBC and Brokaw brand names get storm, would at least ‘‘talk about’’ resigna- son.’’ hurt by mixing them with Geraldo? ‘‘Geraldo tion. Five weeks after she penned the release, does what he does,’’ Brokaw says. ‘‘He THE ‘COME-HITHER LOOK’ Pearson says that ‘‘in retrospect it probably doesn’t arrive in the guise of someone who is Just after the Biltzer resignation-talk wasn’t representative of the story.’’ She also going to be a traditional mainstream re- story, CNN produces a 10- or 12-second video says that ‘‘there has been no change in the porter. . . . And the public is very good at clip from its archives that shows the presi- press release procedure. No one sees them telling the difference. They have a good fil- dent embracing Lewinsky. She is in a crowd after I do them Sunday morning.’’ ter on this stuff.’’ at a White House lawn reception. It’s the EXHAUSTIVE, BUT ... ‘‘In the case of Claire or Tom, they’re first picture of the two of them together, and Time’s package of stories is, indeed, not being reporters on Nightly News and being it will be aired hundreds of times in the well represented by that tawdry press re- reporters on Geraldo,’’ says NBC News presi- weeks to follow, usually in slow motion. lease. Fabulously written, particularly the June 24, 1998 CONGRESSIONAL RECORD — HOUSE H5261 main story by senior editor Nancy Gibbs, it ‘‘genuine’’ the taped conversations seem with the sourcing by Sunday. . . . She is a raises questions from all sides and touches with a certainty that he would never be al- fabulous reporter, and I have no reason to all bases—from Ken Starr’s tactics, to Ver- lowed to assert in print—refers to an an- doubt her. . . . She plays by the rules and non Jordan’s role, to Lewinsky’s bio, to guished Monica Lewinsky being heard on her sourcing is always great,’’ Linda Tripp’s motives, to the relevant legal Newsweek’s newly released tape excerpts, Judd later explains that ‘‘there was no issues. It is all done in a better, more under- along with ‘‘a similarly anguished Linda start or stopping in this news cylce. So, yes, standable form than any other publication, Tripp.’’ between Saturday night and Sunday there was new sources.’’ including, ironically, Newsweek, which still ‘IT’S 50–50 AT BEST’ has so much to report from the tapes that its 3. What can ‘‘several’’ sources mean? Web- Next up on the Sunday Today show is Tim package seems overwhelmed and disorga- ster’s dictionary defines several as ‘‘more nized. Russert, who takes time out from preparing than two but fewer than many.’’ Didn’t Judd ‘‘You can cover a lot of sins and reporting for Meet The Press to tell host Jack Ford even know how many sources she had? Can gaps with Nancy Gibbs,’’ Time Inc. editor in that ‘‘one [friend] described [President Clin- there be any excuse for this imprecision chief Norman Pearlstine explains later. ton] as near Houdini-like in his ability to es- other than that this was a figure of speech? ‘‘A role of a newsweekly,’’ continues cape these kind of scandals and crises. But ‘‘To me,’’ Judd later explains, ‘‘it usually Pearlstine, in what many of his more aggres- they realize that it’s 50–50 at best.’’ means a minimum of three. . . . I know it sive reporters would view as an obvious ra- MEET THE DRUDGE was at least three. Of course, I knew how tionalization, ‘‘usually can’t be to make On his own show, Russert announces that many it was at the time, but I didn’t think news the way Newsweek did. . . . The more among his Meet The Press guests is Matt I needed to specify. traditional role is that of synthesis, analy- Drudge. 4. As of this writing, nearly four months sis, and writing. And for that I’ll take a Drudge seizes his moment. When Russert after Judd’s ABC ‘‘scoop,’’ there is no sign of Nancy Gibbs over any investigative reporter asks about reports on the tapes of the presi- these independent witnesses. in America. . . . Remember,’’ he adds, ‘‘that dent and other women, Drudge declares, Does ABC still think the story was right? in the beginning [Time founder] Henry Luce ‘‘There is talk all over this town [that] an- I later ask Jennings. ‘‘We have not yet re- didn’t even think we needed reporters, just other White House staffer is going to come tracted it,’’ he says, ‘‘and I am still happy writers who could synthesize what others out from behind the curtains this week. . . . she’s had no reason to think we should re- were reporting . . . which for this story in [T]here are hundreds—hundreds, according tract it. . . . Overall, ABC has done a fabu- particular is what I think readers really to Miss Lewinsky, quoting Clinton.’’ At a lous job. Our reporting on this has been ex- needed.’’ later point, Drudge adds that if the Clinton emplary, and I challenge anyone to find True enough. But one could argue that, in- side keeps denying the charges, ‘‘this upcom- where it hasn’t been.’’ stead of a filter, Time applied a shovel to re- ing week is going to be one of the worst ‘‘We have not had to retract a single porting what was ‘‘out there’’ already. thing,’’ echoces Judd. ‘‘I still think there About five weeks after the issue appeared, weeks in the history of this country.’’ ‘‘Our Round Table is an op-ed page,’’ might be a potential witness,’’ she adds. I asked Pearlstine to read the following lines Might be? A potential witness? of Gibbs’s story: Russert explains later. ‘‘And Matt Drudge ‘‘Jackie Judd is a first-class reporter; she’s ‘‘Monica Lewinsky’s story was so tawdry, was a big player—the big player—in breaking no crackpot,’’ says Richard Kaplan, who is and so devastating, it was hard to know this story. . . . We can pretend that the president of CNN but until last year was a which was harder to believe: that she would seven to ten million Americans who were top news executive at ABC and used to su- make up such a story, or that it actually logging on to him don’t have the right to see pervise Judd. It’s an assessment echoed by might have happened. Without proof, both him, but I don’t agree.’’ Judd’s current colleagues, too. But a first- possibilities were left to squirm side by side. THE WITNESS class reporter needs an editor—a questioner, .. . As each new tape surfaced, each new de- On ABC’s This Week with Sam Donald- someone who slows up on the accelerator at tail arose, of Secret Service logs showing son—Cokie Roberts (where the alleged scan- exactly the time that the reporter becomes late-night visits when Hillary was out of dal got its first airing a week ago), ABC’s certain that full speed ahead is the only town; of presents sent by courier; of a dark Jackie Judd has what Cokie Roberts an- speed. dress saved as a souvenir, spattered with the nounces are ‘‘new revelations in the alleged This is especially true if the reporter is ag- president’s DNA, the American public began affair.’’ gressive and has been covering a prosecu- stripping Bill Clinton of the benefit of the Judd then declares: ‘‘ABC News has torial beat too long. For example, reporters doubt.’’ learned that Ken Starr’s investigation has who make their careers organized crime can Didn’t that last sentence, for all its open- moved well beyond Monica Lewinsky’s become so inured to the badness of their tar- ing qualifiers, simply throw in a whole bunch claims and taped conversations that she had gets and to the righteousness of the prosecu- of unproved allegations unfairly? I asked an affair with President Clinton. Several tors on the other side that, after a while Pearlstine. ‘‘Yes, I do have a problem with sources have told us that in the spring of some believe almost anything the prosecu- it. It seems to have just taken everything 1996, the president and Lewinsky were tors tell them. There is an almost complete out there and treated it as fact,’’ he said, caught in an intimate encounter in a private suspension of the skepticism that had made through he added that he wanted to confer area of the White House. It is not clear them want to be reporters in the first place. with those who had worked on the story and whether the witnesses were Secret Service That’s what has happened to Jackie Judd get back to me. agents or White House staff.’’ this morning. And apparently there was no Three days later, Pearlstine sent a letter There are four things you need to know editor there to stop her. It was as if in the fa- attaching a longer letter from Time manag- about that paragraph: bled scenes in the Watergate movie, All The ing editor Walter Isaacson defending the 1. This report surfaces at the time that President’s Man. when , play- paragraphs. Pearlstine said the Isaacson let- Starr’s people are putting the most pressure ing Washington Post executive editor Ben ter made him more comfortable than he had on Ginsburg and his client to have Lewinsky Bradlee, tells his ‘‘boys,’’ Woodward and been when we spoke. Isaacson’s letter, citing testify that she had an affair with the presi- Bernstein, that they ‘‘need more,’’ they the qualifiers that preceded that final sen- dent and that he pressured her to lie about shrug the old man off and take their stuff to tence, argued that ‘‘even in hindsight, I do it. ‘‘With leaks like that, they were just try- the writing press. not think we could have stated more clearly ing to scare me into thinking they had a And as with those organized crime report- that these allegations which were . . . widely smoking gun and didn’t need Monica,’’ Gins- ers, it may be that Judd—and Schmidt and reported but also confirmed to us by inves- burg asserts later. As if to make sure that Isikoff, too—are right in general about Presi- tigators . . . were not proven and were part the point isn’t lost on Ginsburg, Judd’s re- dent Clinton’s allegiance to his marriage of a murky tale.’’ vows. Ditto Ken Starr. The issue here, Of course what was ‘‘confirmed by us’’ were port concludes this way: ‘‘This development . . . underscores how Ken Starr is collecting though, is whether they’re right about this only the unsourced allegations by investiga- particular allegation and are treating the tors. But Isaacson is right: The real problem evidence and witnesses to build a case against the president—a case that would not president fairly in considering it. In short, is the swirling allegations and rumors, not whether there turns out to be a witness or Time’s performance in summarizing them. hinge entirely on the word of Monica Lewinsky.’’ now, how can Judd defend a January story And Isaacson’s qualifiers in talking about declaring that there were witnesses by say- them were a lot stronger than most. 2. On the night before (Saturday, January 24) ABC had televised a one-hour special on ing four months later that ‘‘there still might SOFTENING STARR’S IMAGE the alleged scandal, and according to anchor be a potential witness’’? Susan Schmidt of The Washington Post be- Peter Jennings, Judd had wanted to air her THE WITNESS AS PREDICATED gins this Sunday with another softening of report then. But, says Jennings ‘‘I wanted to Now that Judd’s scoop has been aired, Sam Ken Starr’s image. ‘‘[A] source close to the hold it . . . I was just not comfortable with Donaldson uses it as the predicate for much prosecutor insisted he never intended to the sourcing.’’ of his questioning of guests on This Week. eavesdrop on Jordan or Clinton,’’ Schmidt Asked later what happened between late They include Clinton aide Paul Begala, who reports. Saturday night and early Sunday morning to attacks it as an unsubstantiated leak, and ANGUISHED LINDA make the story airworthy, Jennings says, ‘‘I House Judiciary Committee Chairman Henry On the Sunday Today show, Isikoff—now wasn’t there on Sunday, but I am told that Hyde, who would preside over any initial im- openly engaged in punditry and touting how Jackie worked on it more and was happy peachment hearings. H5262 CONGRESSIONAL RECORD — HOUSE June 24, 1998 Donaldson begins with Hyde by saying, tion. For she does tell us that her report is asked, ‘‘Do the [president’s] advisers think ‘‘Corroborating witnesses have been discov- comes form ‘‘sources in Ken Starr’s office.’’ that the American people are going to draw ered . . . Mr. Chairman, what do you think In our later interview, when asked about some sort of distinction between sexual of that?’’ Shipman’s report, Starr refers me to Ben- acts?’’ To which Thomas replies, as if he Hyde doesn’t bite. ‘‘It’s an allegation,’’ he nett, who, again, refused to discuss any con- knows, ‘‘Desperate times call for desperate says. ‘‘We don’t have any proof of it yet.’’ versations with specific reporters. measures.’’ In their closing roundtable discussion, STORY KILLED MORE PRESSURE ON LEWINSKY Donaldson tells co-anchor Cokie Roberts, ‘‘If At about 6:00, the Times kills its witness On the NBC Nightly News, David Bloom, he’s not telling the truth, I think his presi- story. According to Oreskes, reporters Ste- with his ever-helpful ‘‘sources,’’ puts more dency is numbered in days. ... Mr. Clinton, phen Labaton and John Broder ‘‘came in to pressure on Lewinsky and Ginsburg. if he’s not telling the truth and the evidence me and said ‘guess what? We don’t have it.’ ‘‘[S]ources also caution that if no deal is shows that, will resign, perhaps this week.’’ It turns out that they had felt uneasy, and struck tonight, [Lewinsky] could be hauled ‘‘You have Sam Donaldson saying it’s a when they tracked back our four sources before a . . . grand jury. . . as early as tomor- matter of days, and Tim Russert talking [Broder and Labaton], concluded that they row.’’ Four months later, there would still be about 72 hours—it’s kinda crazy,’’ Bob Wood- were only telling them what they’d all heard no deal and no Lewinsky testimony. ward says later. ‘‘They seem to forget that it from the same person—who did not know it was April of 1974 when the tapes came out MONICA AT THE GATES firsthand anyway. On CBS’s evening newscast, Scott Pelley with Nixon saying, ‘I want you to lie and it ‘‘Sometimes, especially in this thing, the reports that ‘‘sources’’ tell him that on Jan- still took four months.’’ story you’re proudest of is the story you Three months later, Donaldson defends his uary 3, Lewinsky was ‘‘denied entry at the don’t run.’’ Oreskes adds. ‘‘We were under prediction, saying. ‘‘I said, . . . ‘‘if there is [White House] gate’’ and ‘‘threw a fit, enormous pressure on this one . . . People evidence,’ and I thought evidence would be screaming, Don’t you know who I am?’ ’’ It’s were beating us. But sometimes you just presented before now. And I clearly meant a report that doesn’t get picked up by the have to sit there and take it.’’ evidence that it is persuasive.’’ rest of the media, despite its apparent news PULLING BACK RATCHETING UP THE STORY value; if true, it would mean that during this By the time ABC airs its evening news at exact week that the president was trying to At the end of his show, Donaldson takes 6:30, Jackie Judd is pulling back. In the get Lewinsky to participate in a cover-up, Judd’s report a step further. Instead of morning. ‘‘several sources’’ had told her the she was being turned away at the White Judd’s ‘‘several sources have told us’’ intro- president and Lewinsky was caught in the House. But three months later Pelley main- duction, Donaldson closes the show by de- act. Now we hear from her only that ‘‘Starr tains, ‘‘I know this story was true.’’ claring that ‘‘corroborating witnesses have is investigating claims’’ that a witness ‘THIS JUST IN’: A SEVENTH-HAND STORY been found who caught the president and caught them in the act. Miss Lewinsky in an intimate act in the Larry King Live seems to be going well for White House.’’ Day 6: Monday 1/26/98 the president. This is the night of the day ‘‘Someone in the control room asked me so CAUGHT IN THE ACT when the president forcefully denied having summarize Jackie’s report,’’ Donaldson ex- Picking up on Judd’s ‘‘scoop,’’ both the had sex with ‘‘that woman, Miss Lewinsky.’’ plains later. ‘‘And one of the dangers of an Daily News and post in New York scream. Former campaign aide Mandy Grunwald and ad-lib situation is that you never say it as ‘‘Caught In The Act’’ across their front pages the Reverend (plus the ubiq- precisely as you would like.’’ As for the bona this morning. Meanwhile, the St. Louis Post- uitous Evan Thomas, Republican Ed fides of the story three months later, Don- Dispatch, in a story bylined ‘‘From News Rollins, and former Washington Post execu- aldson says, ‘‘All I can say is that we be- Services,’’ reports (as do other newspapers tive editor ) are engaged in a bal- lieved it was accurate, but people changed using similar wire services) that ‘‘ABC News anced, calm discussion for most of the show. their minds about what they would say.’’ reported that the president and Lewinsky Then, with a few minutes left. King returns FOUR SOURCES were caught in an intimate encounter. from a commercial break with a bulletin: ‘‘Panel, this just in from Associated Press, By about 3:00 Sunday afternoon, The New ‘ALL THIS STUFF FLOATING AROUND’ Washington: A Secret Service agent is re- York Times is drafting its own story about One of the stranger pick-ups of Judd’s wit- portedly ready to testify that he saw Presi- witnesses interrupting the president and ness story comes from the Chicago Tribune, dent Clinton and former White House intern Lewinisky. ‘‘When I saw the Judd report on a paper ‘‘shut out of getting our own scoops Monica Lewinsky in a compromising posi- ABC, I recognized it as a story we were work- from Starr because we never invested in hav- tion. The Morning News reports to- ing on,’’ Times Washington bureau chief Mi- ing our people cover him on Whitewater,’’ night [on its website] that it has talked to chael Oreskes later recalls. ‘‘By the time I according to Washington bureau Chief James an unidentified lawyer familiar with the ne- came in that afternoon, we had four sources. Warren. gotiations between the agency and the office And we were preparing to lead the Times with The Tribune reports what ABC reported, of . . . Ken Starr. The paper quotes the law- it the next morning.’’ then says that it could not confirm the story yer as saying the agent is, quote, ‘‘now a BULLETIN independently: ‘‘I was against using it, but government witness,’’ end quote.’’ At 4:42 eastern time, Tom Brokaw and agreed to this as a compromise,’’ Warren ex- Reread that paragraph. At best, it’s a Claire Shipman of NBC break into pre-Super plains later. fourth-hand report (though, as we’ll see, it’s Bowl programming with the following bul- Tribune associate managing editor for for- actually seventh-hand). The Associated letin: eign and national news George de Lama says Press (1) is quoting The Dallas Morning News Brokaw: ‘‘There’s an unconfirmed report later, ‘‘We figured that our readers had seen (2) as quoting an anonymous lawyer-source that, at some point, someone caught the it and had access to it. So we had to ac- (3) as saying that a witness (4) will say some- president and Ms. Lewinsky in an intimate knowledge that it existed, and we wanted to thing. Yet it punctures the ‘‘maybe-Clinton- moment. what do you know about that?’’ say we could not confirm it.’’ will-survive’’ tone of the rest of the King It is indeed a dilemma. Should a story be- Shipman: ‘‘Well, sources in Ken Starr’s of- show—as it does the remainder of Geraldo come a news item that has to be repeated fice tell us that they are investigating that Rivera’s show on CNBC, where he introduces and talked about simply because it is broad- possibility but that they haven’t confirmed the AP report as follows: ‘‘Uh-oh, hold it. Oh, cast the first time? Or should Chicago news- it.’’ hold it. Hold it, hold it, hold it. Bulletin, paper readers be shielded from it? ‘‘Our anchor and White House reporter Bulletin, Bulletin. Associated Press, three ‘‘In retrospect,’’ de Lama later concedes, come on the air and say, here’s something minutes ago. . . .’’ ‘‘I wish we had not published it.... It soon be- that we don’t know it true but we just Ninety minutes later, The Dallas Morning came clear to us that there’s gonna be all thought we’d tell you anyway just for the News pulls the story, because, the News kinds of stuff out there floating around and hell of it, so we can say we reported it just would later explain, its source called in to we should just publish what we know inde- in case it turns out to be true,’’ a disgusted say they had gotten it wrong. pendently.’’ NBC reporter says later. ‘‘That’s out- ‘‘You get handed something you read it,’’ Which the Tribune later did, admirably, rageous.’’ Larry King says later. ‘‘I didn’t have to, but with a scoop interview of press secretary Asked three months later why he aired I kind of felt compelled to. .. . It wasn’t the Mike McCurry musing about the possibility that kind of ‘‘bulletin,’’ Brokaw says, New York Post. It was the AP and The Dal- that the truth of the president’s relationship ‘‘That’s a good question. I guess it was be- las Morning News. It’s a dilemma of live tel- with Lewinsky is ‘‘complicated,’’ and with a cause of ABC’s report. Our only rationale evision. What do you do? You’re at the story about money going to a legal defense could be that it’s out there, so let’s talk mercy of what’s handed to you.’’ fund for Paula Jones being used by Jones about it . . . But in retrospect we shouldn’t CNN president Richard Kaplan says later personally. have done it.’’ that he had been asked earlier in the evening Of course, what Shipman did confirm in ‘DESPERATE TIMES’ by CNN producers who had heard about the that report was the commission of one cer- Again, Newsweek’s Evan Thomas has for- possible Dallas story whether they should tain felony, though not one involving the gotten his own admonition about reporters use it if the Morning News indeed published president: The leak of material from Starr’s mouthing off on television. On Good Morning it. He had said no. ‘‘But then Tom John- office pertaining to a grand jury investiga- America to promote Newsweek’s new issue, he son’’—CNN’s chairman and Kaplan’s boss— June 24, 1998 CONGRESSIONAL RECORD — HOUSE H5263 ‘‘called into the control room,’’ Kaplan says. ‘‘This was a single-source story from me,’’ Weisberg presents four options for the presi- ‘‘Tom knew these Dallas people well and he diGenova concludes. ‘‘I thought they’d check dent with their chances of success: Brazen It said they were reliable.’’ it; all I did was give them a vague tip of Out: 20 percent; Contrition: 5 percent; Full Johnson says that his go-ahead for CNN to what I had heard Vicki talking about on the Confession: 15 percent; and Wag the Dog: 2 report the Dallas Morning News story came phone.’’ Jackson of The Dallas Morning percent. only ‘‘after some producer just ripped it off News declines to comment on his conversa- CIRCULATION UP the wire and had Larry read it; I then told tions with diGenova or his sources for the The Washington Post reports that USA them it was okay to do it on the ten o’clock story. Today printed 20 percent more copies than news how, too.’’ Still, Johnson confirms that In short, this story of a ‘‘Secret Service’’ usual for its weekend edition, that CNN’s ‘‘it’s my fault. I called around to the Morn- witness seems to have been a one-source rating are up about 40 percent, and that ing News people and to AP people, and they story from a fifth-hand source: DiGenova (1) Time added 100,000 copies to its usual news- assured me on this story. . . . The Morning heard his wife (2) talking to a friend (3) of stand distribution. News people told me the source, who was someone (4) who had talked to someone (5) some lawyer. .. . But I’m the one who made who said he’d seen Lewinsky with Clinton. ‘‘LET’S NOT ASK ABOUT ANY RUMORS’’ the decision.’’ That makes CNN’s report a seventh-hand The event of the day is ’s Assoicated Press Washington bureau chief story, because we have to add The Dallas morning appearance on the Today show, Jonathan Wollman explains later that AP Morning News and The Associated Press to forcefully defending her husband. Matt uses its own judgment in deciding which sto- the chain before we get to Larry King. Lauer interviews her, and does a terrific job. ries from other news organizations to pub- ‘‘As a result of the Morning News thing,’’ ‘‘We found out over the weekend that she lish on its wire. He also notes that, soon CNN’s president of global gathering and was going to go through with [the long- after his organization filed the report that international networks, Eason Jordan, says scheduled interview],’’ Lauer says. ‘‘On Mon- Larry King read, ‘‘we added something from later, ‘‘We instituted a new policy. At least day afternoon I sat down with [various pro- our own people quoting Secret Service two senior executives here have to give the ducers and NBC News president] Andy Lack agents as being skeptical of the Morning okay before we go with anyone else’s report- to run through it for about two or three News story. Then we added something form ing on anything having to do with this hours. . . . It wasn’t so much about ques- the White House disputing the story.’’ story. . . . We’ve decided that it’s a total tions as about tone. . . . We talked about In fact, this story was a leak from a Wash- cop-out to go with someone else’s stuff and asking her about whether the president de- ington lawyer named Joseph diGenova. He just attribute it to them. Once you put in on fines oral sex as sexual relations, but we de- and his wife, Victoria Toensig, are former your air it’s your responsibility.’’ cided that we were not going to ask the First federal prosecutors who often appear on talk ‘‘I can’t tell you how much pressure we Lady of the United States a question like TV, defending Starr and making the case for were under from our own bosses to report that. the president’s guilt. something like the Morning News reported,’’ ‘‘Another thing we decided,’’ Lauer says, According to Toensig, she had been ap- CBS’s Dan Rather remembers. ‘‘that rumor ‘‘was that we were not going to ask a single proached by a ‘‘friend of someone who is a was all over the place. But we just couldn’t question based on rumor or speculation.’’ former worker in the White House.’’ (Toensig nail it. . . . It was a third-hand source and Why was that standard used for Mrs. Clin- will not say if the person’s friend was a Se- maybe a fourth-hand source.’’ ton, but for no one else? cret Service agent or a White House stew- ‘‘Without getting into details,’’ adds Scott ‘‘Because we knew we’d run into a dead end ard.) The person who contacted Toensig told Pelley of CBS, ‘‘I can tell you that we just because she’d say, ‘that’s based on rumor or Toensig that this former White House em- didn’t like the sourcing. It was too suspect.’’ a sealed document,’ or something like that, ployee had been told by a coworker at the According to a journalist at ABC, and to ‘and I’m not going to talk about it.’ ’’ White House that the coworker had, says two reporters working on the story that day If only other Today guests had that dis- Toensig, ‘‘seen the president and Lewinsky at rival news organizations, Jackie Judd’s cipline. in a compromising position.’’ Toensig was sources for her report about a White House Day 8: Wednesday 1/28/98 asked by the friend whether she might be witness the night before were also people in willing to represent this secondhand witness Starr’s office who had heard about the sup- DO AS WE SAY, NOT AS WE DO if this person decided to go to Starr and talk posed secondhand witness, probably from The St. Louis Post-Dispatch greets its about what the alleged firsthand witness Toensig. Which would make hers a fifth-hand readers with an editorial that slams Jackie (the coworker) had said. report, too. Judd’s ABC report about a ‘‘witness’’ and the DiGenova had overheard his wife discuss- Jennings disputes this. ‘‘I have no doubt Dallas Morning News report about a ‘‘Secret ing this possibility with this friend of the that we were on to a different story,’’ he Service witness’’ as examples of ‘‘rumor secondhand witness. Then, according to says, ‘‘because I know who our sources are.’’ being reported as news. . . . The media would diGenova, after he had heard Jackie Judd’s Could his sources, whom he declined to be best to stick with traditional conventions report of a witness on Sunday, he ‘‘men- name, have been people who had simply that require firsthand information and con- tioned’’ to Dallas Morning News reporter talked to the Dallas paper’s sources? ‘‘I’m firmation from multiple sources,’’ says the David Jackson that he’d ‘‘heard the same fully satisfied that they weren’t,’’ he says. paper. story that Judd had broadcast.’’ Without Judd refuses all comment about ‘‘anything Not mentioned is the fact that the Post- telling Jackson, diGenova was thinking having to do with sources.’’ Dispatch had itself reported both stories in about what he had heard his wife discussing. A GOOD DAY ON THE WEB its own news columns. Why not? William However, by the time diGenova had men- At MSNBC’s ambitious website there have Freivogel, who wrote the editorial for the tioned this to Jackson, unbeknownst to him, been 830,000 visits today, far more than for Post-Dispatch, explains. ‘‘We don’t in gen- the person who had approached his wife on any other day, including the days following eral criticize our own paper. . . . This was behalf of this secondhand witness had broken the death of Princess Diana. meant as a general commentary.’’ off the discussions, and the secondhand had Day 7: Tuesday 1/27/98 Day 9: Thursday 1/29/98 not come forward. According to Toensig, when Jackson called her on Monday and THE RETRACTED STORY LIVES THE VANISHING DRESS asked her about the story. ‘‘I told him, ‘If The St. Louis Post-Dispatch reports this The CBS Evening News leads with a scoop. Joe [her husband] told you that, he’s wrong. morning that ‘‘The Dallas Morning News re- Scott Pelley reports that ‘‘no DNA evidence Do not go with that story.’ But I guess he ported Monday night that a Secret Service or stains have been found on a dress that be- didn’t believe me.’’ agent was prepared to testify that he saw longs to Lewinsky.’’ According to Toensig, before her talks Clinton and Lewinsky in a compromising sit- ‘‘I’d much rather have our scoop about the with the friend of the possible secondhand uation.’’ semen dress than the scoop everyone else witness had broken off, she had mentioned GOODBYE had,’’ Pelley says later. the possibility of the witness to people in Tonight is the night of the president’s The next night, Jackie Judd will spin the Starr’s office—which means that when Jack- State of the Union message, and in The no-dress story her way. She’ll say ‘‘law en- son of the Morning News called Starr’s office Washington Post, James Glassman writes a forcement sources . . . say a dress and other to get a second-source ‘‘confirmation,’’ his column saying that the president should say pieces of clothing were tested, but that they second source was, in fact, no second source he’s sorry and that he’s resigning. had all been dry-cleaned before the FBI at all. It was just someone playing back picked them up from Lewinsky’s apart- ‘RECKLESS IDIOT’ diGenova’s now-inoperative story, which ment.’’ In other words, the lack of evidence New York Times op-ed foreign affairs col- diGenova’s wife had tried to shoot down. only proves how clever the criminals are. ‘‘When I saw Geraldo read the bulletin,’’ umnist Thomas Friedman writes about his Whether it turns out that Bill Clinton had Toensig recalls, ‘‘I figured they must have feeling of personal betrayal: ‘‘I knew he was sex with Monica Lewinsky or not (and gotten it from someone else—not Joe and a charming rogue with an appealing agenda, whether it turns out that he stained one certainly not me. Then I got a call from [the but I didn’t think he was a reckless idiot dress or 100 dresses) has nothing to do with Morning News] later that night and Jackson with an appealing agenda.’’ the fact that Judd’s every utterance is in- asked me to tell him again that he was right FOUR OPTIONS fected with the clear assumption that the . . . and I immediately said, ‘I told you you On the Microsoft-owned and Michael president is guilty at a time when no re- were wrong earlier to not go with it.’ ’’ Kinsley-edited Slate web magazine, Jacob porter can know that. H5264 CONGRESSIONAL RECORD — HOUSE June 24, 1998 Day 10: Friday 1/30/98 In another article, Newsweek declares that By the time the actual newspaper would go THOSE TERRIBLE PAPARAZZI the magazine ‘‘has learned that [in his Jones to bed later that evening, the Journal would deposition] Clinton swore he never met alone pull back. It will report that the steward de- The Daily News leads with a story about with Lewinsky after she left the employ of scribed the incident in question to Secret Lewinsky being mobbed by the press when the White House. . . . But Newsweek has Service personnel, not to the grand jury. she went out to dinner in Washington the confirmed that Clinton and Lewinsky did in When the paper sees daylight on February night before with Ginsburg. ‘‘The black car fact meet last Dec. 28, and investigators are 5, White House press secretary Mike being pursued by the paparazzi echoed the examining the possibility of several other McCurry will denounce the Journal’s online scene just before the car crash that killed occasions on which the two met alone.’’ story—and its failure to await comment Princess Diana,’’ the paper reports. When Clinton’s deposition is revealed three from him—as ‘‘one of the sorriest episodes of On the front page of the paper is the weeks later, the premise of this scoop would journalism I’ve ever witnessed.’’ paparazzi shot of Lewinsky in the car. turn out to be wrong; the president did not By Monday, February 9, the Journal would Asked later why his own paper would help say he hadn’t met alone with Lewinsky. be forced to report that ‘‘White House stew- enhance the market for paparazzi mis- ard Bayani Nelvis told a grand jury he didn’t conduct by buying a photograph taken under Day 13: Monday 2/2/98 see President Clinton alone with Monica circumstances that his paper described as so AN ALL-TIME HIGH Lewinsky, contrary to a report in The Wall intimidating and dangerous. Daily News Most of the nation’s newspapers report Street Journal last week.’’ And Journal owner and copublisher Mortimer Zuckerman that polls show the president’s popularity to managing editor Paul Steiger would be said he would have to call me back. He be at an all-time high. Meantime, Susan quoted in the same story as saying, ‘‘We didn’t. Schmidt and Bill McAllister of the Washing- deeply regret our erroneous report of Mr. ton Post lead with Star saying ‘‘his inves- THREE ‘PRECIOUS WORDS’ Nelvis’s testimony.’’ Jeff Greenfield, who has just joined CNN tigation of the Monica Lewinsky matter is Could it be that Judd’s report on Sunday from ABC, proves why he may be one of the moving swiftly.’’ night about a ‘‘witness’’ catching the presi- smartest people on television. On Larry King Day 14: Tuesday 2/3/98 dent in the act, and The Dallas Morning Live, he’s asked what he thinks of Linda NO SECRET SERVICE AGENT New’s dead-wrong, one-sourced, fifth-hand Tripp having charged today that she was On the Evening News, CBS’s Pelley says he report on Monday night about a Secret Serv- present at 2:00 a.m. in Lewinsky’s apartment has ‘‘learned that the Secret Service has ice agent being ready to testify, and this re- when the president called one night. His an- conducted an internal inquiry and now be- port about Nelvis testifying or, as it later be- swer: ‘‘Well ... since I was not in the room, lieves that no agents saw any liaison be- came, about Nelvis telling a Secret Service have not talked to Linda Tripp, have not tween the president and Monica Lewinsky.’’ agent what he had seen, are all different ver- talked to Monica Lewinsky, have not heard ‘‘I liked that scoop better than Jackie sions of the same story? ‘‘Yes, I am sure it’s the tape . . . I think the best course of ac- Judd’s,’’ Pelley says later. all the same story,’’ says Victoria Toensig tion is for me to say, ‘I don’t know.’ And, Day 15: Wednesday 2/4/98 (the lawyer whose conversations that her you know, I am beginning to think those husband had overheard became the ‘‘source’’ THE JOURNAL PUSHES THE BUTTON might be the three most precious words that for the Dallas Morning News story). we all ought to . . . remember . . . This no- Just before 4:00 p.m. Wall Street Journal Of course, it could ultimately turn out tion of guessing . . . what . . . do we think reporter Glenn Simpson tells White House that a credible witness claiming to have seen the president, if it was the president, might deputy press secretary Joe Lockhart that the president and Lewinsky in a compromis- have said to Monica Lewinsky that Linda the paper needs comment for a story charg- ing position—or claiming that Nelvis told Tripp could conceivably have heard that I ing that White House steward Bayani Nelvis him or her about that—does come forward. haven’t talked to her about? I’ll pass.’’ has told a federal grand jury that he saw By late-May, rumors would persist that President Clinton and Lewinsky alone in a Day 11: Saturday 1/31/98 Starr would produce at least that much. But study next to the Oval Office, and that after the point is that, in early February, when TRIPP SURFACES the two left he recovered tissues with ‘‘lip- these stories are published, they are at best The big story in the morning newspapers is stick and other stains’’ on them. Lockhart third-, fourth-, or fifth-hand claims and the that Linda Tripp has come out of hiding to says he’ll get back to Simpson quickly. reporting of them as breakthrough news is a issue the statement King asked Greenfield Fifteen minutes later, and without waiting scandal. about the night before. Tripp charges, as the for Lockhart, the Journal publishes the St. Louis Post-Dispatch dutifully reports in story on its Internet site. NO OTHER BITES a widely circulated Associated Press story, ‘‘When I told [Journal Washington bureau It’s near 6:00 p.m. and the networks have to that Lewinsky described ‘‘every detail of an chief Alan] Murray that Joe was going to get decide how to handle the Journal’s scoop. alleged affair with Clinton during hundreds right back to me, Alan told me it was too ABC goes halfway, saying Nelvis has been of hours of conversations over the last 15 late.’’ Simpson says later. ‘‘He had already called as a witness and ‘‘he might have been months. In addition, I was present when she pushed the button.’’ in a position to observe Mr. Clinton without received a late night phone call from the ‘‘The White House had taken the position the president’s knowledge.’’ president. I have also seen numerous gifts [in general] that it was not commenting,’’ At NBC, ‘‘[vice president of NBC News] Bill they exchanged and heard several of her Murray says. ‘‘So I figured, why wait?’’ Wheatley, [Nightly New’s executive pro- tapes of him.’’ Murray, who refuses comment on whether ducer] David Doss, and I were standing in a Another wire service story in the same edi- Starr’s office was the source for the story ex- cubicle at 5:50 talking into a conference tion of the Post-Dispatch says Lewinsky cept to say, ‘‘I can promise you we had phone with Tim Russett,’’ Tom Brokaw re- lawyer Ginsburg denies that Tripp ‘‘ever was sources outside of Starr’s office.’’ concedes calls. ‘‘The Journal’s website story moving ‘privy to any conversation’ between that he had heard that ABC was also on the toward a full-blown story. But we decided, Lewinsky and President Bill Clinton.’’ story and that he wanted to beat them. Mur- after talking to Tim, that it didn’t have What’s most curious about Tripp’s state- ray, who is known around Washington as an legs.’’ ment is that witnesses who are cooperating especially careful, responsible journalist, ‘‘We almost went with the Journal story,’’ with prosecutors are routinely forbidden also acknowledged that his paper had just CNN’s head of newsgathering, Eason Jordan, from making any public statements, in ex- completed a joint venture agreement with says. ‘‘But the rule we put in place after the change for not being prosecuted themselves. NBC to provide editorial content to its CNBC Dallas Morning News screwup stopped us. (Tripp was potentially vulnerable under a cable network (which offers financial news ‘‘The difference between this and Water- Maryland law that prohibits taping tele- during the day and talk shows at night) and gate,’’ says Brokaw, ‘‘is what I call the Big phone conversations without the consent of that, ‘‘yes, it was in my mind that we could Bang Theory of Journalism. There’s been a both parties.) ‘‘She made her own decision,’’ impress them with this.’’ However, Murray Big Bang and the media have expanded expo- Starr later contends. ‘‘You can’t control the also points out that because the Journal has nentially. . . . Back then, you had no actions of an independent-minded human long operated a wire service, ‘‘making in- Nightline, no or Good Morn- being.’’ stant publishing decisions was not new to ing America, no Internet, no magazine shows [except ], no C-Span, no real talk Day 12: Sunday 2/1/98 us.’’ ‘‘They got too excited and Alan rushed to radio, and no CNN or MSNBC or MORE FROM THE FBI TAPES get on television,’’ asserts one veteran Jour- doing news all day. . . . As a result of all Starr’s people have obviously continued to nal reporter, who says he has knowledge of that, the news process has accelerated great- make good on their promise to give Isikoff the decision to publish. ly. . . . Something, some small piece of mat- the best seat in the house as they continue Indeed, Murray appears on CNBC minutes ter, maybe a rumor, can get pulled into the to trickle out the alleged contents of the after he pushes the button on his website re- vacuum at night on a talk show or in the tapes they made of Tripp and Lewinsky. citing the Nelvis story. Almost immediately, morning on Imus [the nationally syndicated Now, in its new issue, Newsweek reports that the White House press office denounces the radio show that is a bastion of smart, irrev- Lewinsky told Tripp that she had told Ver- story, and Nelvis’s attorney, who seems to be erent political conversation] and get talked non Jordan she would not sign the affidavit cooperating with White House lawyers, calls about on radio or on CNN or MSNBC during stating she did not have sex with the presi- the story ‘‘absolutely false and irrespon- the day and pick up some density, then get dent until he got her a job. sible.’’ talked about some more or put on a website June 24, 1998 CONGRESSIONAL RECORD — HOUSE H5265 that afternoon and pick up more density, she was coached by President Clinton to say even more tempted to show their real colors. and by late afternoon I have to look at some- things she knew to be untrue.’’ Rather than ‘‘analyze’’ what is happening in thing that has not just shape and density but ‘‘This was a breaking story, and the open- the investigation, tonight they are called some real veneer—and I have to decide what ing has to be written very quickly,’’ Koppel upon to take sides. It is almost scary to to do with it. That’s kind of what happened later recalls. ‘‘But right after that I quoted watch people who sell themselves as unbi- with this one.’’ the Time’s language exactly. .. . Our opener ased reporters of fact by day become these Brokaw’s description of the care he took in is like a magazine cover or news headline; it kind of fierce advocates at night once the this instance of the unsubstantiated Wall frequently will use a grabbier verb or adjec- camera goes on. Street Journal story is impressive. And his tive than is used later on.’’ A good example is Stuart Taylor, Jr., the assessment of the way the new technology of Nightline guest Sam Donaldson also re- serious, scrupulous, and brilliant senior writ- 24-hour cable channels and websites has for- peats the word ‘‘coached,’’ Only NPR’s Nina er for the who virtually ever turned the old news cycle into a tornado Totenberg, another guest, is more careful: started all of this with a groundreaking 1996 is right on the money. But the often sorry ‘‘This story . . . is fairly clearly a leak from piece on the Paula Jones suit in The Amer- performance of his own news organization— the prosecutor’s office and with the excep- ican Lawyer that, by Newsweek’s own ac- for example, in chasing Judd’s ABC ‘‘scoop’’ tion of [the gifts] . . . it is their character- count, had inspired the Newsweek cover by rushing on that Brokaw-Shipman ‘‘bul- ization of what has said,’’ story about the case. Taylor has become the letin’’ the prior Sunday of an ‘‘unconfirmed By the next morning, Currie’s lawyer—who complete anti-Clinton partisan. He makes no report’’ of a witness, let alone NBC’s airing was quoted deep down in the original Times bones about it, so much so that the one tele- on sister channels MSNBC and CNBC of any article saying that Currie was not ‘‘aware of vision show that prefers calm analysis to and all rumors—makes it impossible not to any illegal or ethical impropriety by any- food fights—The NewsHour with Jim Lehrer conclude that Brokaw is describing an out- one’’—would issue a statement declaring on PBS—has already dropped him from his of-control process that he and his colleagues that it is ‘‘absolutely false’’ that his client legal analyst perch. (I was the co-owner and are often part of. He’s like the articulate al- believed that Clinton ‘‘tried to influence her editor of the American Lawyer when Tay- coholic at an AA meeting. recollection.’’ The White House, meanwhile, lor’s Jones piece was published.) Now, on Nightime, Taylor takes the absurd offers its own spin on the Clinton session Day 16: Thursday 2/5/98 Starr position as his own—that if prosecu- with Currie: The president was simply re- NO ‘JAM JOB’: tors leak material coming from their talks freshing his own memory. with witnesses as they prepare them for the The New York Times ‘‘bulldog’’ edition Whatever the full story, what matters is grand jury, they are not committing a crime, comes out tonight with a Friday morning that the Times didn’t spin it one way or the because only leaks from actual grand jury story that punctures the revelry among other, while the rest of the press did. testimony are crimes. That’s not what the those who hear about it at the White House ‘‘Everyone said we said ‘coaching,’ but we courts have ruled, and it’s a quite a bit of le- state dinner for British Prime Minister Tony didn’t,’’ Gerth recalls later. ‘‘There was a lot galistic derring-do, coming from someone Blair. It’s about Clinton secretary Betty of deliberation here over what words went who said 11 days earlier on Nightline, in re- Currie having not been at work for ‘‘several’’ into that story. . . . The story as written, ferring to the president, that ‘‘innocent peo- days because she was with Starr’s people. not as interpreted, was accurate.’’ ple with nothing to hide who tell the truth Among other things, says the Times, Currie ‘‘I still have no idea whether she was don’t need to surround themselves with has spoken of having retrieved some presi- coached or not,’’ says Times Washington bu- phalanxes of lawyers.’’ (About six weeks dential gifts from Lewinsky, and about how reau chief Oreskes. ‘‘We were acutely aware after this appearance, Taylor would begin she had been called into the Oval Office the of the fact that we were dealing with descrip- negotiating with Starr to take a job advising day after President Clinton faced those sur- tions and partial descriptions that were sec- Starr and writing the independent counsel’s prise Lewinsky questions at his Jones depo- ondhand.’’ sition and was taken by the president report to the House of Representatives, but Day 17: Friday 2/6/98 through a series of rhetorical questions and he would ultimately decide not to accept the answers. COUNTERATTACK offer.) The article, by Jeff Gerth, Stephen The morning shows are filled with talk Day 18: Saturday 2/7/98 Labaton, and Don Van Natta, Jr., seems to about the president ‘‘coaching’’ Betty LEAKS? WHAT LEAKS? be yet another relying on prosecutorial leaks Currie, as are the newspaper headlines. The nation’s newspapers generally high- rather than Watergate-like firsthand reports (‘‘Prez Told Me To Lie,’’ screams the New light Kendall’s leak charges. Many of those from witnesses. In fact, in our interview, York Post.) writing the stories, such as Schmidt and Starr acknowledges that he personally had But by the afternoon, the White House has Baker of The Washington Post, know from met with Labaton and Gerth about the story, turned the day around. First there is the their own experience the charges are true. although, he says, ‘‘My understanding was president’s relaxed, effective performance at But they can’t and won’t say it. that they knew the substance of it . . . I his afternoon joint press conference with Two days later, media reporter Howard only wanted to talk to them about its tim- Prime Minister Blair. Then there’s a coun- Kurtz of The Washington Post (who is also a ing,’’ Starr urges me to talk to his deputy, terattack from his lawyer, David Kendall, contributor to this magazine) would write a Bennett—who, he says, had ‘‘talked more ex- who bashes Starr for alleged unlawful leaks story headlined ‘‘With Leaks, Reporters Go tensively with the Times for the story.’’ As and distributes a 15-page letter to Starr that With The Flow.’’ In the piece, Kurtz de- for why he had not been quoted by name if claims to document them. scribes the ‘‘bizarre quality to the weekend the discussion was not improper, Starr says Kendall’s slam works so well that the NBC, coverage of White House charges that . . . only that Bennett ‘‘knows about the ground ABC, and CBS evening news shows lead with Starr was illegally leaking. . . . At least rules.’’ it. The only talk about the Times Betty some journalists at each major news organi- But Bennett refuses to discuss the ground Currie story—the stuff of the Nightline show zation know whether Starr’s staff is in fact rules, while asserting that he was ‘‘in no way the night before—comes by way of explaining dishing on background, but the stories are a source for the information in the Time’s that this is the latest leak that the Clinton written as though this were an impenetrable Betty Currie story.’’ No one at the Times lawyers are so angry about. mystery.’’ will discuss their sources for this or any The reason it’s working has to do with the Day 19: Sunday 2/8/98 other story, but one top Times editor points dynamics of the media. True, the press loves WE CAN’T ASK out that the reporters could not have cared a good crime investigation and loves report- about discussing the timing of the story with ing the leaks that trickle out. But even Time magazine is out this morning with a Starr because ‘‘we ran it in the next avail- more, reporters love a one-on-one fight. It’s cover story entitled ‘‘Trial By Leaks.’’ The able paper’’ after that meeting. more dramatic easier to understand—and it story has a problem: It’s produced by report- Prepared over several days—‘‘this was not makes booking pro and con guests on the ers, writers, and editors who know the truth some Sue Schmidt jam job,’’ says one Times talk shows a breeze. but can’t write it. Even a wordsmith as skilled as Time senior reporter—the Time’s Currie story would ‘‘We’d been talking about leaks since this editor Nancy Gibbs—who, as with the first stand out nearly four months later as the started.’’ says White House spin man Paul Time Lewinsky cover story, pens the lead most damaging to the president—and the one Begala. ‘‘But sometimes you just have to get piece here—can’t write around this problem. whose basic facts had not been challenged. up and scream it and start a food fight to get Describing leaks ‘‘so fast and steady’’ that But although it is precisely written and them to write about it.’’ they are ‘‘an undergound river,’’ Gibbs pro- careful not to draw conclusions, it will not ‘‘Because we decided not to get into spe- ceeds over five pages simply to describe all be read by the rest of the press with the cific denials of most of this stuff, we could the leaks—in essence republishing even the same precision. not answer with facts,’’ concedes former now-discredited ones. But nowhere does she White House scandal counsel Lanny Davis. COACHED confront the basic question the article ‘‘So we answered with a fight about the proc- On Nightline, Ted Koppel scraps a planned raises: Aren’t Starr’s people leaking? No- ess and the prosecutor.’’ show on the International Monetary Fund. where do we find a Time reporter asking He opens by announcing ‘‘a later-breaking SHOWING THEIR COLORS Starr what any reporter would ask in any story’’ that ‘‘the president’s personal sec- Now it has become a Starr-Clinton food other story: whether he or Bennett or any- retary is said to have told investigators that fight, the reporters on the talk shows are one else in the office has talked to specific H5266 CONGRESSIONAL RECORD — HOUSE June 24, 1998 reporters who are the obvious beneficiaries record interview with someone (and head- kind of play that no story—none, not Prin- of leaks. lined as such) in which that person is not cess Diana, not O.J., and certainly not Wa- It’s hardly an unimportant question. For quoted at all. tergate—has ever gotten. in the entire Lewinsky story there is a lot But it turns out that Fox had been lib- And so much of that coverage was rumors more evidence of Starr and some of his depu- erally quoted in his local Pennsylvania news- and speculation, that when a self-styled ties committing this felony than there is of paper and on Pittsburgh television before Committee of Concerned Journalists did a the president or Vernon Jordan committing Schmidt got to him, saying that, yes, he had study examining 1,565 statements and allega- a felony. The problem is that the best wit- seen the two alone, but that he doubted any- tions contained in the reporting by major nesses—the witnesses with firsthand knowl- thing untoward could have happened because television programs, newspapers, and maga- edge—are the reporters and editors covering there are so many ways to see into the Oval zines in the first six days of the circus, they the story. Office and there is such a constant threat of found that 41 percent of the statements were ‘‘We can’t ask Starr or Bennett if they interruption from people walking in. not factual reporting at all, but were ‘‘analy- have leaked to this or that reporter, because Why didn’t Schmidt ask Fox if the two sis, opinion, speculation, or judgement’’; we are out there getting those leaks our- could have been interrupted? ‘‘I wasn’t inter- that only 26 percent were based on named selves from them,’’ Time managing editor ested in his opinion,’’ she says later. ‘‘Who sources; and that 30 percent of all reporting Walter Isaacson later concedes. care about his opinion? Clinton testified that ‘‘was effectively based on no sourcing at all TARRING THE TIMES he was never alone with her, and this guy by the news outlet publishing it.’’ It doesn’t take Woodward and Bernstein to The White House spin people are out in makes him a liar. Period,’’ know that most of those anonymous sources force today. At noon, on CNN’s Late Edition In fact, when the president’s deposition in were from Starr’s office, spinning out stories with Wolf Blitzer, top Clinton Advisor Rahm the Jones case is made public soon after this to pressure Lewinsky or other witnesses and Emanuel charges that in both the case of the interview with Schmidt, it turns out that to create momentum and a presumption of Wall Street Journal steward-witness story Clinton did not testify that he was never guilt. I have personally seen internal memos and the Time’s Betty Currie story, ‘‘lawyers alone with Lewinsky. ‘‘This story was a perfect example of Sue from inside three news organizations that representing those individuals issued state- Schmidt’s attitude,’’ says Clinton aide cite Starr’s office as a source. And six dif- ments saying these stories are blatantly Emanuel. ‘‘Anyone who things the president ferent people who work at mainstream news false.’’ could do something like that uninterrupted Not true in terms of the Times. Currie’s organizations have told me about specific on a f—king Saturday is either in fantasy lawyer had simply stated that all of the leaks. land or doesn’t care about facts. We’re all Here’s more specific, tangible, sourced coaching interpretations of that story—not here on Saturday at 1:00. We live here, proof of the obvious: For an internal publica- the carefully written Times story itself— goddamnit.’’ tion circulated to New York Times employees were false. In other words, Emanuel has in April, Washington editor Jill Abrahamson skillfully, and cynically, used one bad THE GOOD, THE BAD, AND THE GERALDO is quoted in a discussion about problems cov- story—the Journal’s—to tar the Times story, It is tempting to dismiss Geraldo Rivera as ering the Lewinsky story as saying, ‘‘[T]his the facts of which no one had disputed by a sleazy peddler. But he is also one of the story was very much driven in the beginning that morning (and which no one has disputed smartest, best-prepared newspeople out on sensitive information that was coming as of this writing, and which remains, with there. out of the prosecutor’s office. And the its accounts of gifts retrieved and testimony And tonight, as with many nights of his [sourcing] had to be vague, because it was reviewed, the single most damaging story for Lewinsky circus, he shows it. Talking about . . . given with the understanding that it the president). Schmidt’s Washington Post story on Secret would not be sourced.’’ This raises a larger issue. Because so much Service officer Fox, Rivera says, ‘‘We note, And, as we have seen, Starr himself con- of the reporting of the Lewinsky story would however, for the record, that the agent’s ceded to me that he talked to the Times turn out to be discredited, the journalism story has become . . . [in Schmidt’s hands] about the Betty Currie story and often that should not be discounted by the public far more damning since he first began talk- talked to other reporters, and he has all but will be. That’s because the average reader or ing about a week ago. Back then Fox told a fingered Bennett as 1988’s . viewer, especially when pushed this way by local newspaper . . . that it would’ve been Moreover, his protestation that these leaks— the White House, will not be able to discern difficult for the two to have had a sexual en- or ‘‘briefings,’’ as he calls them—do not vio- the difference. counter while in the Oval Office because of late the criminal law, and don’t even violate its many windows. . . . And we also note for Day 21: Tuesday 2/10/98 Justice Department or ethical guidelines if the record that every allegation [about] pur- A MATTER OF HONOR they are intended to enhance confidence in ported eyewitness to the president and his office or to correct the other side’s ‘‘mis- Geraldo asks cowboy lawyer Gerry Spence Monica’s being alone, including last week’s information,’’ is not only absurd, but con- about a ‘‘powerful man of a certain age . . . account of Mr. Nelvis in The Wall Street cedes the leaks. who is accused of accepting sexual favors Journal, has so far proven erroneous.’’ from an allegedly frisky young California Worse still is the lack of skepticism with girl. Gerry,’’ Rivera says, ‘‘I believe you have CIRCUS OR TOWN MEETING which the press by and large took these some folk wisdom to impart? Rivera’s show is emblematic of these first leaks and parroted them. Spence dives in: ‘‘Why hasn’t he told the three weeks of coverage of the Lewinsky To be sure, that kind of leak-report dy- truth about this alleged peccadillo? . . . I was story. There was some good reporting and namic is common in crime reporting, where sitting in the little town of Newcastle the some sharp analysis. But it was mixed in reporters make lawmen look good and de- other day and talking to an old cowboy. And with so many one-sided leaks and rumors fendants look bad by publishing stories of here’s what he had to say about that. . . . that it was diluted into nothingness—so mounting evidence in ongoing investiga- ‘Well,’ he said, ‘Here’s to the heights of heav- much so that many opinion polls showed tions. en and here’s to the depths of hell, and here’s that a majority of Americans believed the Yet there’s a difference here. In the typical to the dirty SOB who’d make love to a president to be guilty of something he ada- criminal process, all that bad publicity his- woman and tell.’ ’’ mantly denied and about which there is not torically hasn’t outweighed the burden of proof and the ability of a jury to focus on the Day 22: Wednesday 2/11/98 yet nearly enough real evidence to know for sure, one way or the other. evidence actually presented at trial. Juries ALONE AT LAST Brokaw may be right: Americans may be are famous for getting from ‘‘where there’s Susan Schmidt has another scoop, and it’s good at filtering out the reliable from the smoke there’s fire’’ to looking at specific a firsthand report, not a leak. This morning nonreliable. It could also be argued that, in evidence. But Bill Clinton is not going to she writes that former uniformed Secret the old days, any town meeting would have have a trial with that kind of jury. If he gets Service guard Lewis Fox says that he was had some crazies and gossips take the stage any hearing at all, it will be an impeachment posted outside the Oval Office one Saturday or whisper among the audience the way the hearing—which is a political process, a proc- in the fall of 1995 and he saw the president crazies and prosecutor-fed gossips took to ess where all the bad effects of all the leaks meet alone with Lewinsky for 40 minutes in the printing presses and the electronic stage could count. And absent an impeachment the early afternoon. Schmidt makes much of in the days following January 21. hearing, the president’s continuing ability to this. In her lead sentence, 40 minutes be- But in the end that only euphemizes the do his job will depend in some part on his comes ‘‘Monica S. Lewinsky spent part of a appalling picture of the fourth estate pre- public standing. weekend afternoon in late 1995 alone with sented by the first three weeks of this imbro- Many now agree that it is hard to imagine President Clinton. . . .’’ And that, she says, glio. that a powerful independent counsel under makes Fox ‘‘the first person to publicly say Because it is episodic, the log presented no real checks and balances is what the that he saw the president and Lewinsky above does not convey that overall picture, Founding Fathers had in mind when they alone together.’’ nor does the more subdued coverage of later wrote the Constitution. It is harder still to But there’s less here than meets the eye. weeks in this story. imagine that a press corps helping that pros- Strangely, Fox is paraphrased but not But you can remember it. ecutor in his work by headlining whatever he quoted in Schmidt’s article because, she It’s a blizzard of newspaper front pages and leaks out—instead of remaining profes- later asserts, ‘‘he refused to be quoted.’’ It’s magazine covers and every TV news show sionally suspicious of him and his power—is a rate article that is wholly about an on the and pseudo-news show giving this story the what the founders had in mind when they June 24, 1998 CONGRESSIONAL RECORD — HOUSE H5267 wrote the First Amendment. The press, after (Mr. RUSH addressed the House. Her The article says, in part, ‘‘But the all, is the one institution that the Founding remarks will appear hereafter in the explosive nature of the story, and the Fathers permanently protected so that re- Extensions of Remarks.) speed with which it burst upon the con- porters could be a check on the abuse of f sciousness of the Nation, triggered in power. And it is impossible to imagine that what The SPEAKER pro tempore. Under a the early stages a Piranha-like frenzy the founders had in mind when they wrote previous order of the House, the gentle- in pursuit of the relatively few tidbits the impeachment clause is that a president woman from Idaho (Mrs. CHENOWETH) is tossed into the journalistic waters—by could be brought down by that prosecutor recognized for 5 minutes. whom,’’ the story asks? and by that press corps, all because a Linda (Mrs. CHENOWETH addressed the ‘‘That there were wholesale leaks Tripp had a Lucianne Goldberg got an intern House. Her remarks will appear here- from lawyers and investigators was to talk into a tapped phone about sex so they after in the Extensions of Remarks.) evident, but either legal restraints or could put together a book deal. reportorial pledges of anonymity kept So far, it seems that the American people f understand this, even if the press doesn’t. the public from knowing with any cer- So maybe it’s the press that needs to draw COLUMBIA JOURNALISM REVIEW tainty the sources of key elements in lessons from Pressgate, not its customers. Or ARTICLE ‘‘WHERE WE WENT the saga.’’ maybe the customers can force these lessons WRONG . . . AND WHAT WE DO The story goes on: ‘‘Not just the vol- on the press by being more skeptical of the NOW’’ ume but the methodology of the re- product that is peddled to them. I have three The SPEAKER pro tempore. Under a porting came in for sharp criticism— such lessons in mind: previous order of the House, the gen- often more rumor-mongering than fact- First, consumers of the press should ignore getting and fact-checking, and all publications or newscasts that try to tleman from New York (Mr. HINCHEY) foist the term ‘‘sources’’ on them unaccom- is recognized for 5 minutes. unattributed approbation of the work panied by any qualifiers or explanation. The Mr. HINCHEY. Mr. Speaker, it is co- and speculation of others. The old number of sources should be specified (is it incidental that my good friend, the yardstick said to have been applied by two or 20?) and the knowledge, perspective, gentleman from Michigan, was here the Post in the Watergate story, that and bias of those sources should be described, just a few moments ago and entered every revelation had to be confirmed even if the source cannot be named. (Is it a into the RECORD the article by Stephen by two sources before publication, was cab driver or a cabinet officer, a defense law- Brill which appeared in Brill’s Content, summarily abandoned by many news yer or a prosecutor?) outlets,’’ and no wonder, because they Second, no one should read or listen to a the Independent Voice of the Informa- media organization that reports on another tion Age, which talks about Pressgate. thought they were getting the informa- news outlet’s reporting of anything signifi- In that article, Mr. Brill says on the tion from the horse’s mouth, from Mr. cant and negative without doing its own ver- cover, ‘‘In Watergate, reporters Starr and his investigators. ification. checked abuse of power. In the The story goes on: ‘‘As often as not, And, third, no one should read or listen to Lewinsky affair, they enabled it; that reports were published or broadcast any media outlet that consistently shows without a single source named or men- that it is the lapdog of big, official power is, the press enabled abuse of power by lapping up Ken Starr’s leaks, which he tioned in an attribution so vague as to rather than a respectful skeptic. be worthless. Readers and listeners The big power here is Ken Starr. Prosecu- now admits for the first time, the in- tors usually are in crime stories, and the side story day by day. Mr. CONYERS were told repeatedly that this or that independent counsel’s power is unprece- just entered that article into the information came from ‘‘sources’’, a dented. RECORD. word that at best conveyed only the This is what makes Pressgate—the media’s I would like to take this opportunity notion that the information was not performance in the lead-up to the Lewinsky pure fiction or fantasy. As leaks flew story and in the first weeks of it—a true to draw the attention of the Members of the House and anyone else who is in- wildly from these unspecified sources, scandal, a true instance of an institution the American public was left, as sel- being corrupted to its core. For the competi- terested in this issue to the March- tion for scoops to toss out into a frenzied, April edition of Columbia Journalism dom before in a major news event, to high-tech news cycle seems to have so be- Review. I do so because, unfortunately, guess where stories came from and witched almost everyone that the press ea- Mr. Brill’s article has been attacked. It why. gerly let the man in power write the story— has been attacked most vociferously by ‘‘Readers and listeners were told once Linda Tripp and Lucianne Goldberg put the Independent Counsel and the apolo- what was reported to be included in af- it together for him. gists for the Independent Counsel, Mr. fidavits and depositions . . . or pre- The SPEAKER pro tempore. Under a sented to Independent Counsel Starr. previous order of the House, the gentle- Starr. However, objective analysis of Mr. Leakers were violating the rules while woman from Florida (Ms. ROS- Brill’s article shows that in spite of the the public was left to guess about their LEHTINEN) is recognized for 5 minutes. identity and about the truth of what (Ms. ROS-LEHTINEN addressed the attacks against it, the article stands up very well and reveals quite clearly was passed on to them through the House. Her remarks will appear here- news media, often without the cus- after in the Extensions of Remarks.) the abuse of power engaged in by the Independent Counsel in this particular tomary tests of validity.’’ f investigation. Of course, the story goes on. I include this article for the RECORD, The SPEAKER pro tempore. Under a The Independent Counsel, it appears, Mr. Chairman. We will take other op- previous order of the House, the gentle- and it is shown by Mr. Brill’s article, portunities to talk more about this in woman from the District of Columbia engaged in a conscious series of leaks (Ms. NORTON) is recognized for 5 min- the future. of misinformation to the press over a The article referred to is as follows: utes. prolonged period of time. Now, if addi- (Ms. NORTON addressed the House. [From the Columbia Journalism Review, tional substantiation is needed going Her remarks will appear hereafter in Mar./Apr. 1998] beyond Mr. Brill’s report, that addi- the Extensions of Remarks.) WHERE WE WENT WRONG tional substantiation can be found to a (By Jules Witcover) f remarkable degree in that March-April In the sex scandal story that has cast a The SPEAKER pro tempore. Under a edition of the Columbia Journalism previous order of the House, the gen- cloud over the president, Bill Clinton does Review. not stand to be the only loser. No matter tleman from Florida (Mr. SCAR- The article in Columbia Journalism how it turns out, another will be the Amer- BOROUGH) is recognized for 5 minutes. Review, and it is a cover story, is enti- ican news media, whose reputation as truth- (Mr. SCARBOROUGH addressed the tled ‘‘Where We Went Wrong,’’ and it is teller to the country has been besmirched by House. His remarks will appear here- an examination of the press coverage of perceptions, in and out of the news business, after in the Extensions of Remarks.) the so-called events that the prosecu- about how the story has been reported. f The indictment is too sweeping. Many tor is allegedly looking into. news outlets have acted with considerable The SPEAKER pro tempore. Under a I would like to read a few brief ex- responsibility, especially after the first few previous order of the House, the gen- cerpts from the story in the Columbia frantic days, considering the initial public tleman from Illinois (Mr. RUSH) is rec- Journalism Review and then enter the pressure for information, the burden of ob- ognized for 5 minutes. entire article in the RECORD. taining much of it from sealed documents in