Text of Starr's Testimony-5

By The Associated Press
Wednesday, November 18, 1998; 9:03 p.m. EST

Testimony of Independent Council Kenneth Starr prepared for delivery Thursday before the House Judiciary Committee:

In mid-January, Ms. Lewinsky finalized her false affidavit with her attorney, who sent it to Judge Wright's Court. The affidavit falsely denied a sexual relationship with the president and essentially recounted the cover stories they had discussed in their middle-of-the-night conversation on Dec. 17.

Let me turn to the president's Jan. 17 deposition. Some have suggested that the president might have been surprised or ambushed at his deposition. Those suggestions are wrong. The president had clear warning that there would be questions about Monica Lewinsky. She had been named on the Dec. 5 witness list. On Jan. 12, only five days before the deposition, Ms. Jones' attorneys identified Ms. Lewinsky as a trial witness. In response, Judge Wright approved her as a witness. Two days later, on Jan. 14, the president's private attorney asked Ms. Lewinsky's attorney to fax Ms. Lewinsky's affidavit. During the deposition itself, the president's attorney stated that the president was ``fully familiar'' with Ms. Lewinsky's affidavit.

At the outset of his Jan. 17 deposition, therefore, the president faced a fourth critical decision. Fully aware that he would likely receive questions about Ms. Lewinsky, would the president continue to make false statements under oath -- this time in the presence of a United States District judge?

At the start of the deposition, Judge Susan Webber Wright administered the oath. The president swore to tell the truth, the whole truth, and nothing but the truth. As his testimony began, the president, in response to a question from Ms. Jones' attorneys, stated that he understood he was providing his testimony under the penalty of perjury.

The president was asked a series of questions about Ms. Lewinsky. After a few questions, the president's attorney -- Mr. Bennett -- objected to the questioning about Ms. Lewinsky, referring to it as ``innuendo.'' Mr. Bennett produced Ms. Lewinsky's false affidavit. Mr. Bennett stated to Judge Wright that Ms. Lewinsky's affidavit indicated that ``there is absolutely no sex of any kind in any manner, shape, or form.'' Mr. Bennett stated that the president was ``fully aware of Ms. Lewinsky's affidavit.'' During Mr. Bennett's statements, the president sat back and let his attorney mislead Judge Wright. The president said not a word -- to the judge or, so far as we are aware, to his attorney.

Judge Wright overruled Mr. Bennett's objection. The questioning continued. In response, the president made false statements not only about his intimate relationship with Ms. Lewinsky, but about a whole host of matters. The president testified that he did not know that Vernon Jordan had met with Ms. Lewinsky and talked about the Jones case. That was untrue. He testified that he could not recall being alone with Ms Lewinsky. That was untrue. He testified that he could not recall ever being in the Oval Office hallway with Ms. Lewinsky except perhaps when she was delivering pizza. That was untrue. He testified that he could not recall gifts exchanged between Ms. Lewinsky and him. That was untrue. He testified -- after a 14-second pause -- that he was ``not sure'' whether he had ever talked to Ms. Lewinsky about the possibility that she might be asked to testify in the lawsuit. That was untrue. The president testified that he did not know whether Ms. Lewinsky had been served a subpoena at the time he last saw her in December 1997. That was untrue. When his attorney read Ms. Lewinsky's affidavit denying a sexual relationship, the president stated that the affidavit was ``absolutely true.'' That was untrue.

The evidence thus suggests that the president -- long aware that Ms. Lewinsky was a likely topic of questioning at his deposition -- made not one, or two, but a series of false statements under oath. The president further allowed his attorney to use Ms. Lewinsky's affidavit, which the president knew to be false, to deceive the court. This evidence suggests that the president directly contravened the oath he had taken -- as well as the Supreme Court's mandate, in which the court had stated that Ms. Jones was entitled, like every other citizen, to a lawful disposition of her case.

D. The President's Actions: Jan. 17-21

As our referral outlines, the president's deposition did not mark the end of the scheme to conceal. During his deposition testimony, the president referred to his secretary Betty Currie. The president testified, for example, that Ms. Lewinsky had come to the White House to see Ms. Currie, not him; that Ms. Currie had been involved in assisting Ms. Lewinsky in her job search; and that Ms. Currie had communicated with Vernon Jordan about Mr. Jordan's assistance to Ms. Lewinsky. In response to one question at the deposition, the president said he did not know the answer and ``you'd have to ask Betty.''

Given the president's repeated references to Ms. Currie and his suggestion to Ms. Jones' attorneys that they contact her, the president had to know that Ms. Jones' attorneys might want to question Ms. Currie. Shortly after 7 p.m. on Saturday, Jan. 17 -- just two and a half hours after the deposition -- the president attempted to contact Ms. Currie at her home. The president asked Ms. Currie to come to the White House the next day, which she did, although it was unusual for her to come in on a Sunday. According to Ms. Currie, the president appeared concerned and made a number of statements abut Ms. Lewinsky to Ms. Currie. The statements included:

``You were always there when she was there, right? We were never really alone.''

``You could see and hear everything.''

Ms. Currie concluded that the president wanted her to agree with him when he made these statements. Ms. Currie stated that she did in fact indicate her agreement -- although she knew that the president and Ms. Lewinsky had been alone and that she could not hear or see them when they were alone.
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