The Breach

by Peter Baker

  Chapter 6: Particularly helpful in reconstructing the election and its aftermath were articles in Newsweek and Time, as well as an excellent piece by Ceci Connolly in the Washington Post on November 8, 1998. Campaign memos by pollsters Stan Greenberg and Frank Luntz were useful as well.

  Chapter 7: A transcript of the Judiciary Committees executive session following the Starr hearing was obtained by the author. The House Government Reform Committee ultimately released copies of the Louis Freeh and Charles LaBella documents on June 6, 2000.

  Chapter 8: Early drafts of the articles of impeachment, early drafts of the proposed Clinton letter to Congress, and a copy of Lindsey Grahams handwritten suggested statement for the president were all obtained by the author.

  Chapter 9: Bob Livingston and Allen Martin declined to comment on Butler Derricks phone call, but they told at least a half dozen others who were interviewed. In addition, a former Livingston aide, Quin Hillyer, mentioned the call in a column in the Mobile Register on February 14, 1999. In an interview, Derrick said he called only to offer congratulations and never asked about censure or mentioned Livingstons past. Hell, I dont know anything about Bob Livingstons personal life. I didnt know anything then and I dont know anything now. Ive lived in this town for twenty-five years, and no ones ever suggested that I do things like that. I dont play that kind of dirty politics.

  Chapter 11: Clintons comments at the holiday party were reported by Elizabeth Shogren in the Los Angeles Times on December 22, 1998. A copy of Asa Hutchinsons original trial plan was provided to the author. Roll Call revealed the existence of Trent Lotts secret group of advisers during the trial.

  Chapter 12: Closed meetings involving the managers and/or senators, including the session in the Old Senate Chamber, were reconstructed based on extensive interviews and notes of participants. A copy of Susan Collinss impeachment diary was provided to the author. An aide to Pat Roberts said he did not recall saying, Weve got to quit peeing down each others legs.

  Chapter 13: For an illuminating profile of Jim Rogan, see Faye Fiores article in the Los Angeles Times on July 29, 1999.

  Chapter 14: Copies of rejected questions by Republican and Democratic senators were obtained by the author. A transcript of Judge Norma Johnsons hearing is available from the court reporter.

  Chapter 16: Transcripts of the three depositions were published in the Congressional Record and can be found at the washingtonpost.com Web site.

  Chapter 17: Drafts of the Republican findings-of-fact proposal were obtained by the author as was a counterlist of proposed amendments faxed by Clinton aides to Tom Daschle. The draft of the Democratic censure proposal was published in the New York Times on February 6, 1999.

  Chapter 18: The Senate conducted its final deliberations behind closed doors without reporters or television cameras present. Nonetheless, it is possible to reconstruct much of the discussion because about three-quarters of the senators later chose to insert their statements into the CongressionalRecord. In a few cases, this chapter quotes senators who did not make their comments public, including Trent Lott and Phil Gramm. In a few instances, it quotes remarks made by senators that did not appear in the authorized versions eventually inserted into the record (Ted Stevens saying Clinton better not do it again, Evan Bayh speaking about the Twenty-Fifth Amendment, and Bob Torricelli predicting that no one would remember Clinton). Those quotes are based on notes and recollections of people in the room at the time. However, it should be noted that a Bayh spokesman said the senator did not recall making that remark.

  Epilogue: The fact that Hillary Clinton met with Harold Ickes on the day of the Senate acquittal was first reported in a piece by James Bennet in the New York Times Magazine on May 30, 1999. President Clintons comments were made in an interview with Dan Rather on CBS on March 31, 1999; an interview with Carole Simpson on ABC on November 5, 1999; and in an appearance at the American Society of Newspaper Editors on April 13, 2000. Newt Gingrichs comment was made during an interview with Brian Lamb aired on C-SPAN over three days, August 31September 2, 1999. The Howard Baker and Fred Thompson comments came in interviews with the author. Charles Babington spotted the juxtaposition between Clintons embrace of Tom DeLay at the adoption event and the video played at the DNC meeting later in the day, in the Washington Post on September 25, 1999.

  CHRONOLOGY

  Monday, Aug. 17, 1998. President Clinton appears before a grand jury via closed-circuit television to admit his relationship with Monica Lewinsky and later goes on national television to acknowledge that he had misled people, while lashing out at Independent Counsel Kenneth W. Starr for invading his private life.

  Thursday, Sept. 3. Senator Joseph Lieberman takes to the floor of the Senate to harshly denounce President Clintons behavior as immoral and deserving of public rebuke, followed quickly by Senators Daniel Patrick Moynihan and Bob Kerrey, who endorse the remarks.

  Friday, Sept. 4. President Clinton issues his most direct apology yet, telling reporters traveling with him in Ireland that Im very sorry about it.

  Wednesday, Sept. 9. Ken Starr abruptly loads thirty-six boxes into a pair of vans and delivers his impeachment referral to Capitol Hill, just hours after House Speaker Newt Gingrich, Minority Leader Richard A. Gephardt, and other leaders meet to prepare for possible arrival of a report.

  Thursday, Sept. 10. President Clinton meets with his cabinet in the White House residence and is scolded by Health and Human Services secretary Donna E. Shalala for his behavior.

  Friday, Sept. 11. The Starr report is released to the public and posted on the Internet shortly after the House votes 36363 to make it public.

  Monday, Sept. 14. Dick Gephardt and Senate Minority Leader Thomas A. Daschle release separate but coordinated statements calling on President Clinton to abandon legalisms and hairsplitting in his defense.

  Wednesday, Sept. 16. The Internet magazine Salon reports that House Judiciary Committee chairman Henry J. Hyde had an affair thirty years before, triggering angry Republicans to blame the White House for smearing him. President Clinton, at his first news conference since the Starr report was released, brushes off talk of resignation.

  Thursday, Sept. 17. The House Judiciary Committee meets in executive session to consider redactions of Starr evidence, but bogs down in partisan bickering that forces off final votes until Friday. Republicans win eleven party-line votes through the day, including rejections of Democratic attempts to delay release for seven days and give the White House a forty-eight-hour advance look at the material.

  Friday, Sept. 18. The Judiciary Committee meets in closed session for a second day on redactions and agrees to release thousands of pages of documents as well as the videotape of the presidents grand jury testimony.

  Monday, Sept. 21. The grand jury videotape is televised live on national television. The Judiciary Committee also releases another 3,183 pages of evidence, including White House entry logs, telephone records, electronic mail, love notes, and DNA test results.

  Friday, Sept. 25. The Judiciary Committee meets again in executive session to consider redactions of the final materials to be released, agreeing to make most of it public.

  Wednesday, Sept. 30. Henry Hyde unveils the Republican proposal for an impeachment inquiry, adapted almost word for word from the 1974 Watergate resolution.

  Friday, Oct. 2. The Judiciary Committee releases the final batch of evidence from the Starr investigation, 4,600 pages of testimony and documents that includes transcripts of Monica Lewinskys conversations with Linda R. Tripp.

  Sunday, Oct. 4.Hustler publisher Larry Flynt runs an ad in the Washington Post offering $1 million for documentary evidence of illicit sexual relations with a member of Congress or other high-ranking government official.

  Monday, Oct. 5. The Judiciary Committee approves a resolution recommending an impeachment inquiry on a 2116 party-line vote, after hearing initial presentations by investigators David P. Schippers and Abbe D. Lowell.

  Thursday, Oct. 8. The House opens the impea
chment inquiry on a largely partisan 258176 vote, with thirty-one Democrats joining the majority. An alternative, Democrat-sponsored inquiry plan is rejected.

  Thursday, Oct. 15. President Clinton wins a significant victory in budget negotiations with congressional Republicans and then heads off to open Middle East peace talks at the Wye River Conference Center in Maryland.

  Tuesday, Oct. 20. Attorneys for President Clinton and Paula Jones present oral arguments before the Eighth Circuit Court of Appeals in St. Paul, Minnesota, in her attempt to resurrect her sexual harassment lawsuit. Two of the three judges appear highly skeptical of the Clinton side of the argument.

  Wednesday, Oct. 21. White House attorneys meet with Judiciary Committee officials for ninety minutes to discuss procedures. White House special counsel Gregory B. Craig emerges to blast the Republicans for essentially attacking a man who is blindfolded and handcuffed.

  Tuesday, Oct. 27. Republicans begin an ad campaign approved by Newt Gingrich to attack President Clinton for his lies involving Monica Lewinsky.

  Tuesday, Nov. 3. Republicans lose five House seats in the midterm elections, setting off an internal revolt against Newt Gingrich, who had predicted a twenty-seat gain earlier in the day.

  Wednesday, Nov. 4. Henry Hyde meets with key aides in Chicago and then tells Judiciary Republicans they must go forward despite the disappointing election results.

  Thursday, Nov. 5. At a Chicago news conference, Henry Hyde announces that Ken Starr will be asked to testify, suggesting he will be the only major witness, and sends President Clinton eighty-one questions about the case.

  Friday, Nov. 6. Newt Gingrich announces that he will step down as Speaker just hours after fellow Republican Bob Livingston decides to challenge him.

  Monday, Nov. 9. The Judiciary subcommittee on the Constitution holds a hearing on the history of impeachment.

  Friday, Nov. 13. President Clinton and Paula Jones agree to settle their long-standing court fight for $850,000 but with no admission or apology. Ken Starr sends the Judiciary Committee additional material concerning Kathleen E. Willey, who had accused Clinton of an unwanted sexual advance.

  Tuesday, Nov. 17. The Judiciary Committee releases thirty-seven audiotapes containing about twenty-two hours of taped conversations between Monica Lewinsky and Linda Tripp.

  Thursday, Nov. 19. Ken Starr appears before the Judiciary Committee in a daylong session, outlining Clintons attempts to cover up his relationship with Monica Lewinsky, while also announcing that he had found no impeachable offenses related to the Whitewater land deal, the improper collection of FBI files, or the firing of travel-office workers. The committee then meets in executive session to authorize subpoenas for Daniel Gecker, Nathan Landow, Robert S. Bennett, and Bruce R. Lindsey.

  Friday, Nov. 27. The White House delivers responses to the committees eighty-one questions, triggering Republican ire at the answers.

  Tuesday, Dec. 1. The Judiciary Committee holds a hearing featuring testimony from convicted perjurers and expert witnesses. The committee authorizes subpoenas to Ken Starr, Attorney General Janet Reno, FBI Director Louis J. Freeh, and Justice Department investigator Charles LaBella for testimony or documents related to campaign-finance abuses.

  Thursday, Dec. 3. Judiciary Committee officials announce that they will not address campaign finance allegations during the inquiry.

  Tuesday, Dec. 8. The White House opens its defense presentation to the Judiciary Committee with testimony from Greg Craig and a panel of experts calling the presidents behavior sinful and maddening but not impeachable.

  Wednesday, Dec. 9. The presidents team wraps up its presentation with more experts as well as White House counsel Charles F. C. Ruff. The Judiciary Committee releases its draft of four articles of impeachment.

  Thursday, Dec. 10. The Judiciary Committee begins consideration of articles of impeachment after hearing final presentations by Abbe Lowell and David Schippers.

  Friday, Dec. 11. The Judiciary Committee approves the first three articles of impeachment, voting 2116 on allegations of perjury before the grand jury and obstruction of justice and 2017 on perjury in a civil deposition.

  Saturday, Dec. 12. The Judiciary Committee approves the fourth and final article of impeachment alleging abuse of power and votes down a Democratic censure resolution. Bob Livingston, Newt Gingrich, and Henry Hyde then release a series of letters announcing that censure will not be considered on the floor.

  Sunday, Dec. 13. Henry Hyde, House Majority Leader Richard K. Armey, and House Majority Whip Tom DeLay call on President Clinton to resign, just hours after the president insists that such a move never crossed my mind.

  Tuesday, Dec. 15. As President Clinton flies back to Washington from a peace mission to the Middle East, nine key uncommitted House Republicans announce they will vote for impeachment, and Congressman Jack Quinn, who had previously opposed it, declares that he will vote yes.

  Wednesday, Dec. 16. President Clinton launches missile strikes against Iraq in retaliation for thwarting weapons inspectors, as ten more moderate House Republicans announce that they will vote in favor of impeachment.

  Thursday, Dec. 17. Bob Livingston refuses to postpone the impeachment debate any further amid a clash about the propriety of going forward as a second wave of attacks against Iraq begins at midday. Livingston then discloses his own sexual indiscretions, telling the Republican conference that he had on occasion strayed from my marriage.

  Friday, Dec. 18. The House opens debate on impeachment, as air strikes continue against Iraq.

  Saturday, Dec. 19. The House impeaches President Clinton, approving two of the four articles of impeachment and rebuffing a Democratic move to force a censure vote. Bob Livingston stuns the House by announcing his resignation on the floor. House Democrats rally to Clintons side along with Hillary Rodham Clinton and Vice President Gore on the South Lawn of the White House.

  Thursday, Jan. 7, 1999. The impeachment trial formally opens in the Senate with the reading of the charges and the swearing in of Chief Justice William H. Rehnquist and the senator-jurors. But the Senate remains deadlocked on rules and recesses for the day without an agreement.

  Friday, Jan. 8. A joint closed-door party caucus meeting yields a bipartisan agreement on procedures, which then passes on the Senate floor 1000.

  Tuesday, Jan. 12. President Clinton sends a check for $850,000 to Paula Jones to finally end her case, dipping into personal funds for $375,000 of the settlement.

  Thursday, Jan. 14. The trial gets under way as House managers begin three days of opening arguments with statements by Henry Hyde, F. James Sensenbrenner, Edward G. Bryant, Asa Hutchinson, and James E. Rogan.

  Friday, Jan. 15. Second day of prosecution opening arguments features Bill McCollum, George W. Gekas, Steve Chabot, Chris Cannon, and Bob Barr. William Rehnquist makes his first ruling, agreeing to Senator Tom Harkins objection to the use of the term juror.

  Saturday, Jan. 16. House managers wrap up opening presentations, with arguments by Steve Buyer, Charles T. Canady, George Gekas, Lindsey Graham, and Henry Hyde.

  Tuesday, Jan. 19. The White House begins its own opening arguments with a presentation by Chuck Ruff, just hours before President Clinton comes to the Capitol to deliver his State of the Union address in the House chamber.

  Wednesday, Jan. 20. Second day of defense opening arguments features White House lawyers Greg Craig and Cheryl D. Mills.

  Thursday, Jan. 21. The White House concludes its opening arguments with a legal lecture by attorney David Kendall and a populist peroration by former senator Dale Bumpers.

  Friday, Jan. 22. The Senate begins a two-day question-and-answer period, as Senator Robert C. Byrd declares that he will file a motion to dismiss the case. Ken Starrs office goes to court to force Monica Lewinsky to speak with House managers.

  Saturday, Jan. 23. The Senate completes its question-and-answer session as Judge Norma Holloway Johnson orders Monica Lewinsky to meet with House managers. Lewinsky returns to Washington ami
d a moblike media throng.

  Sunday, Jan. 24. Monica Lewinsky meets at the Mayflower Hotel with Asa Hutchinson, Bill McCollum, and Ed Bryant.

  Monday, Jan. 25. The Senate hears arguments from both sides on a motion to dismiss and then retreats behind closed doors to deliberate.

  Tuesday, Jan. 26. The managers trim their witness list to three, Monica Lewinsky, Vernon E. Jordan Jr., and Sidney Blumenthal, and seek a voluntary appearance by President Clinton.

  Wednesday, Jan. 27. The Senate votes 5644 to take testimony and not dismiss the case, but the back-to-back roll calls indicate that acquittal is inevitable. On both votes, Democrat Russell Feingold is the only senator to cross party lines.

  Thursday, Jan. 28. The Senate approves a plan intended to end the trial within two weeks, after Republicans force their version of procedures through on a largely party-line vote.

  Monday, Feb. 1. Monica Lewinsky is deposed by Ed Bryant behind closed doors and on videotape at the Mayflower Hotel, while White House lawyers pass along an apology on behalf of the president for all she had been put through.

  Tuesday, Feb. 2. Vernon Jordan is deposed at the Capitol by Asa Hutchinson.

  Wednesday, Feb. 3. Sid Blumenthal is deposed by Jim Rogan and Lindsey Graham.

  Thursday, Feb. 4. The Senate votes to bar live testimony on the floor but allows video excerpts to be shown.

  Saturday, Feb. 6. House managers and defense lawyers show video snippets in presentations on the Senate floor, giving the nation its first real look at Monica Lewinsky in a speaking role.

  Monday, Feb. 8. Both sides present closing arguments.

  Tuesday, Feb. 9. Closed-door deliberations begin after the Senate votes to open proceedings 5941 but falls short of two-thirds required to suspend the rules.

  Friday, Feb. 12. The Senate acquits President Clinton on both articles of impeachment, voting 4555 on perjury and 5050 on obstruction of justice. Appearing in the Rose Garden, Clinton accepts the verdict and calls on the nation to begin a period of reconciliation and renewal.