House Report 105-830
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TABLE OF CONTENTS Articles of Impeachment Table of Contents I. Introduction II. Narrative A. The Paula Jones Litigation B. The Relationship Between President Clinton and Monica Lewinsky C. The Events of December 5-6, 1997 - President Clinton Learns Ms. Lewinsky is on the Witness List D. The Search for a Job for Ms. Lewinsky E. The Events of December 17, 1997 - President Clinton Informs Ms. Lewinsky that She is on the Witness List F. The Events of December 19, 1997 - Ms. Lewinsky Receives a Subpoena G. The Events of December 28, 1997 - Ms. Currie Retrieves the Gifts H. The Events of January 5-9, 1997 - Ms. Lewinsky Signs the False Affidavit and Gets the Job I. The Filing of the False Affidavit J. The Events of January 17, 1998 - President Clinton and Mr. Bennett at the Deposition K. The Events of Late January, 1998 - The Deposition Aftermath L. The Events of August 17, 1998 - The Grand Jury Testimony M. Answers to the Committee’s Requests for Admission III. Explanation of Articles of Impeachment A. Article I - Perjury in the Civil Case 1. The Committee concluded that, on August 17, 1998, the President provided perjurious, false, and misleading testimony to a Federal grand jury concerning the nature and details of his relationship with a subordinate government employee. 2. The Committee concluded that the President provided prejurious, false, and misleading testimony to a Federal grand jury concerning prior perjurious, false, and misleading testimony he gave in a federal civil rights action brought against him. 3. The Committee concluded that the President provided perjurious, false, and misleading testimony to a Federal grand jury concerning prior false and misleading statements he allowed his attorney to make to a Federal judge in that civil rights action. 4. The Committee concluded that the President provided perjurious, false, and misleading testimony to a Federal grand jury concerning his corrupt efforts to influence the testimony of witnesses and to impede the discovery of evidence in that civil rights action. a. The President gave perjurious, false and misleading testimony before the grand jury when he denied engaging in a plan to hide evidence that had been subpoenaed in the federal civil rights action against him. b. The President made false and misleading statements before the grand jury regarding his knowledge that the contents of an affidavit executed by a subordinate federal employee who was a witness in the federal civil rights action brought against him were untrue. c. The President made false and misleading statements before the grand jury when he recited a false account of the facts regarding his interactions with Monica Lewinsky to Betty Currie, a potential witness in the federal civil rights action brought against him. d. The President made perjurious, false and misleading statements before the grand jury concerning statements he made to aides regarding his relationship with Monica Lewinsky. 5. Explanation of the Rogan Amendment to Article I B. Article II - Perjury in the Civil Case 1. The Committee concluded that, in the civil case, the President provided perjurious, false, and misleading testimony in a Federal civil rights action in response to written questions. 2. The Committee concluded that, in the civil case, the President provided perjurious, false, and misleading testimony in a Federal civil rights action in his deposition. a. The President lied in his deposition about the nature of his conduct with a subordinate federal employee who was a witness in the federal civil rights action brought against him. b. The President lied in his deposition after being asked if anyone had reported to him within the past two weeks that they had had a conversation with Monica Lewinsky concerning the Jones v. Clinton lawsuit. c. The President lied in his deposition about his being alone or in certain locations with a subordinate federal employee who was a witness in the action brought against him. d. The President lied in his deposition about his knowledge of gifts exchanged between himself and a subordinate federal employee who was a witness in the action brought against him. e. The President lied in his deposition about his knowledge about whether he had ever spoken to a subordinate federal employee about the possibility that such subordinate employee might be called as a witness to testify in the federal civil rights action brought against him. f. The President lied in his deposition about his knowledge of the service of a subpoena to a subordinate federal employee to testify as a witness in the federal civil rights action brought against him. g. The President lied in his deposition about his knowledge of the final conversation he had with a subordinate employee who was a witness in the federal civil rights action brought against him. h. The President lied in his deposition about his knowledge that the contents of an affidavit executed by a subordinate federal employee who was witness in the federal civil rights action brought against him. C. Article III - Obstruction of Justice 1. The Committee concluded that on or about December 17, 1997, William Jefferson Clinton corruptly encouraged a witness in a Federal civil rights action brought against him to execute a sworn affidavit in that proceeding that he knew to be perjurious, false and misleading. 2. The Committee concluded that on or about December 17, 1997, William Jefferson Clinton corruptly encouraged a witness in a Federal civil rights action brought against him to give perjurious, false and misleading testimony if and when called to testify personally in that proceeding. 3. The Committee concluded that on or about December 28, 1997, William Jefferson Clinton corruptly engaged in, encouraged, or supported a scheme to conceal evidence that had been subpoenaed in a Federal civil rights action brought against him. 4. The Committee concluded that beginning on or about December 7, 1997, and continuing through and including January 14, 1998, William Jefferson Clinton intensified and succeeded in an effort to secure job assistance to a witness in a Federal civil rights action brought against him in order to corruptly prevent the truthful testimony of that witness in that proceeding at a time when the truthful testimony of that witness would have been harmful to him. 5. The Committee concluded that on January 17, 1998, at his deposition in a Federal civil rights action brought against him, William Jefferson Clinton corruptly allowed his attorney to make false and misleading statements to a Federal judge characterizing an affidavit, in order to prevent questioning deemed relevant by the judge. Such false and misleading statements were subsequently acknowledged by his attorney in a communication to that judge. 6. The Committee concluded that on or about January 18 and January 20-21, 1998, William Jefferson Clinton related a false and misleading account of events relevant to a Federal civil rights action brought against him to a potential witness in that proceeding, in order to corruptly influence the testimony of that witness. 7. The Committee concluded that on or about January 21, 23, and 26, 1998, William Jefferson Clinton made false and misleading statements to potential witnesses in a Federal grand jury proceeding in order to corruptly influence the testimony of those witnesses. The false and misleading statements made by William Jefferson Clinton were repeated by the witnesses to the grand jury, causing the grand jury to receive false and misleading information. D. Article IV - Abuse of Power 1. The President abused his power by refusing and failing to respond to certain written requests for admission and willfully made perjurious, false, and misleading sworn statements in response to certain written requests for admission propounded to him by the Committee. a. Request for Admission Number 19 b.. Request for Admission Number 20 c. Request for Admission Number 24 d. Request for Admission Number 26 e. Request for Admission Number 27 f. Request for Admission Number 34 g. Request for Admission Number 42 h. Request for Admission Number 43 i. Request for Admission Number 52 j. Request for Admission Number 53 2. Explanation of the Gekas Amendment to Article IV IV. The Constitutional Process of Impeachment A. General Arguments About Impeachment 1. Constitutional Provisions 2. Impeachment is Not Removal from Office 3. Impeachment Does Not Overturn an Election 4. A Senate Trial of an Impeachment is a Constitutional Process B. Articles of Impeachment Against President Clinton 1. Article I - Grand Jury Perjury a. Facts b. Lessons from the Judicial Impeachments of the 1980s i. Federal Judges v. Presidents ii. Perjurious, False, and Misleading Statements Made Under Oath of Subject to Penalty for Perjury a. Judge Harry E. Claiborne b. Judge Walter Nixon c. Judge Alcee Hastings d. Conclusion iii. Conduct Not Related to Official Duties 2. Article II - Perjury in the Civil Case 3. Article III - Obstruction of Justice a. Lessons from the Impeachment of President Nixon b. Federal Obstruction of Justice Statutes 4. Article IV - Abuse of Power V. Committee Consideration of Impeachment Proceedings A. Votes of the Committee 1. Rollcall No. 1 - Amendment to Article I Offered by Rep. Rogan 2. Rollcall No. 2 - Article I 3. Rollcall No. 3 - Article II 4. Rollcall No. 4 - Article III 5. Rollcall No. 5 - Amendment to Article IV Offered by Rep. Gekas 6. Rollcall No. 6 - Article IV 7. Rollcall No. 7 - Censure Resolution B. Committee Oversight Findings C. Committee on Government Reform and Oversight Findings D. New Budget Authority and Tax Expenditures E. Committee Cost Estimate F. Constitutional Authority VI. Arguments About Censure A. Prohibited Bill of Attainder B. Censure of President Andrew Johnson VII. Appendices A. House Resolution 525 B. House Resolution 581 C. Correspondence Log D. The Committee’s 81 Requests to the President for Admission, the President’s Responses, and Citations to Relevant Parts of the Record Provided by the Committee’s Majority Staff VIII.