Bennett tries to salvage reputation, starts cutting ties to Perjurer Clinton:
Lewinsky Affidavit False, Bennett Admits
Clinton Lawyer Tells Jones Judge to Disregard Sworn
Statement That He Submitted
By Peter Baker
Washington Post Staff Writer
Friday, October 9, 1998; Page A21
President Clinton's attorney has told the judge who oversaw the Paula
Jones lawsuit to disregard the affidavit he submitted from Monica S.
Lewinsky denying a sexual relationship despite Clinton's January testimony
that it was "absolutely true."
Robert S. Bennett, who has represented Clinton throughout the Jones
case, introduced the Lewinsky affidavit during the president's Jan. 17
deposition in an effort to cut off questioning about her. During the
proceeding, Bennett told U.S. District Judge Susan Webber Wright that
Lewinsky's statement meant "there was absolutely no sex of any kind in
any manner, shape or form," and asked Clinton to verify that.
"That's absolutely true," Clinton responded.
But Lewinsky testified before independent counsel Kenneth W. Starr's
grand jury that the affidavit she signed Jan. 7 was false and that she
performed oral sex on Clinton in the White House on 10 occasions. Starr
accused Clinton of perjury and obstruction of justice for attesting to the
affidavit's accuracy and allowing it to be introduced as evidence.
In a new letter to Wright, Bennett in effect admitted that the Clinton team
submitted a false statement, citing Lewinsky's August testimony "that
portions of her affidavit were misleading and not true."
"Therefore, pursuant to our professional responsibility, we wanted to
advise you that the Court should not rely on Ms. Lewinsky's affidavit or
remarks of counsel characterizing that affidavit," Bennett wrote in the Sept.
30 letter, which was filed under seal and made public yesterday.
Sources have said that Clinton lied to Bennett and other attorneys about
his relationship with Lewinsky and that they did not know her affidavit was
untrue at the time. As an officer of the court, Bennett is obligated by legal
ethics to correct the record once a falsehood becomes known. Jones's
lawyers have cited the letter in trying to persuade the 8th U.S. Circuit
Court of Appeals to reverse Wright and reinstate the case that she
dismissed in April.
In another development, Wright yesterday agreed to begin releasing secret
files from the lawsuit Oct. 19, the day before attorneys for Jones and
Clinton are scheduled to present oral arguments in St. Paul, Minn., to the
appeals court considering whether to revive the case.
While much of the evidence collected by the two sides was made public in
the spring, various potentially embarrassing materials have remained sealed
and could now be made public. Among the items that could be released
are full transcripts of depositions by Clinton and Jones, both of whom were
asked in detail about their sexual histories as well as the 1991 encounter in
a Little Rock hotel suite that led to the lawsuit. Only portions of both
depositions have been released.
Wright said she will review everything in her possession and post it "on a
periodic basis" on the Internet as long as it would not harm the prospects
of a fair trial should the case be revived and as long as it does not intrude
on the privacy of the various "Jane Doe" women interviewed about their
interactions with Clinton.
The judge also will review any evidence kept by lawyers if they want to
release it. The attorneys have possession of the Clinton and Jones
depositions, as well as testimony from women who were asked about
alleged sexual encounters with the president and men who were asked
about alleged sexual encounters with the former state clerk who sued him.
One item that will not be released will be the videotape of Clinton's Jan. 17
deposition. Wright has turned over a copy of it to the House Judiciary
Committee and said in a footnote yesterday that she "did not place any
restrictions" on what the panel may do with it. Jones separately has asked
an appeals court for the right to obtain a copy of the tape.
Another court document that will not be released, Wright said, will be a
secret March 27 filing by Starr asking her to prevent Jones's lawyers from
re-interviewing Kathleen E. Willey, the former White House volunteer who
alleged Clinton groped her in 1993. Starr asked Wright to keep that
sealed, presumably to protect his ongoing investigation into possible
perjury or obstruction of justice by Clinton or his allies as part of an effort
to keep Willey silent.
Jones, who accused Clinton of exposing himself and asking for sex while
he was governor, remains stalled in settlement negotiations with the
president's attorneys. She has asked for $1 million and Clinton's lawyer
has offered $700,000.
New York millionaire Abe Hirschfeld separately has offered $1 million to
settle the case and held a news conference yesterday to promote the idea
along with his plan for Clinton to resign. While Hirschfeld's attorney has
contacted both camps, White House officials have said privately they want
nothing to do with him. Jones's legal team yesterday disputed a report that
she might settle in exchange for both offers, totaling $1.7 million.
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