High Crimes and Misdemeanors: The Case Against Bill Clinton

  CHAPTER 16

  1 CNN’s Larry King Live, April 21, 1997.

  2 Starr, a former judge and solicitor general, was appointed independent counsel on August 5, 1994.

  3 ABC’s Nightline, April 30, 1998.

  4 NBC’s Meet the Press, May 3, 1998.

  5 Michael Isikoff with Daniel Klaidman, “Oh, What a Tangled Webb…,” Newsweek, April 14, 1997.

  6 Susan Schmidt, “Clinton Aides Sought Help for Hubbell,” Washington Post, April 2, 1997.

  7 Susan Schmidt, “Lippo Paid Hubbell after Call from Friend; Former Clinton Partner Contacted Company to Aid Ex-Justice Official,” Washington Post, December 10, 1997.

  8 Susan Schmidt, “Hubbell Meetings with Riady Draw Probers’ Scrutiny,” Washington Post, March 23, 1997 (“Little work, if any, was expected from Hubbell in return for the money, according to a source familiar with some of Lippo’s activities.”).

  9 Brian McGrory, “‘Mistakes Were Made,’ President Says of Funds,” Boston Globe, January 29, 1997.

  10 Susan Schmidt, “Lippo Paid Hubbell after Call from Friend; Former Clinton Partner Contacted Company to Aid Ex-Justice Official,” Washington Post, December 10, 1997.

  11 Susan Schmidt, “Lippo Paid Hubbell after Call from Friend; Former Clinton Partner Contacted Company to Aid Ex-Justice Official,” Washington Post, December 10, 1997.

  12 Susan Schmidt, “Clinton Aides Sought Help for Hubbell,” Washington Post, April 2, 1997.

  13 Susan Schmidt, “Hubbell Meetings with Riady Draw Probers’ Scrutiny,” Washington Post, March 23, 1997 (correction appended).

  14 Jeff Gerth, “Money from Private Sources Helps Clinton and Associates with Bad Times and Good,” New York Times, December 19, 1996.

  15 William C. Rempel and David Willman, “Starr Looks for a Pattern in Job Offers by Clinton Camp,” Los Angeles Times, February 9, 1998.

  16 Susan Schmidt, “Hubbell Meetings with Riady Draw Probers’ Scrutiny,” Washington Post, March 23, 1997.

  17 Susan Schmidt, “Lippo Paid Hubbell after Call from Friend; Former Clinton Partner,” Washington Post, December 10, 1997; Susan Schmidt, “Hubbell Meetings with Riady Draw Probers’ Scrutiny,” Washington Post, March 23, 1997.

  18 Jeff Gerth, “White House Says Clintons Didn’t Know Scope of Hubbell Matter,” New York Times, May 6, 1997.

  19 William C. Rempel and David Willman, “Starr Looks for a Pattern in Job Offers by Clinton Camp,” Los Angeles Times, February 9, 1998.

  20 William C. Rempel and David Willman, “Starr Looks for a Pattern in Job Offers by Clinton Camp,” Los Angeles Times, February 9, 1998.

  21 William C. Rempel and David Willman, “Starr Looks for a Pattern in Job Offers by Clinton Camp,” Los Angeles Times, February 9, 1998.

  22 Bob Herbert, “The Clinton M.O.,” New York Times, February 5, 1998.

  23 William C. Rempel and David Willman, “Starr Looks for a Pattern in Job Offers by Clinton Camp,” Los Angeles Times, February 9, 1998.

  24 William C. Rempel and David Willman, “Starr Looks for a Pattern in Job Offers by Clinton Camp,” Los Angeles Times, February 9, 1998.

  25 William C. Rempel and David Willman, “Starr Looks for a Pattern in Job Offers by Clinton Camp,” Los Angeles Times, February 9, 1998.

  26 CBS’s 60 Minutes, January 26, 1992.

  27 The fact that Nixon and his lawyer called it living expenses and Dean called it “hush money” has added to the speculation that it was Dean who had something to hide in the Watergate burglary. See Len Colodny and Robert Getlin, Silent Coup (1991).

  28 CNN’s Larry King Live “Larry King Talks to Whitewater Figure James McDougal,” (Guest: James McDougal) April 21, 1997.

  29 House Judiciary Committee, Article of Impeachments, Article I, July 27, 1974.

  30 Susan Schmidt, “Hubbell Meetings with Riady Draw Probers’ Scrutiny,” Washington Post, March 23, 1997.

  CHAPTER 17

  1 Howard Fineman and Michael Isikoff with Karen Breslau, Daniel Klaidman, and Lucy Shackelford, “Strange Bedfellows,” Newsweek, March 10, 1997.

  2 Howard Fineman and Michael Isikoff with Karen Breslau, Daniel Klaidman, and Lucy Shackelford, “Strange Bedfellows,” Newsweek, March 10, 1997.

  3 James A. Barnes, “A Question of Context,” National Journal, March 8, 1997.

  4 James A. Barnes, “A Question of Context,” National Journal, March 8, 1997.

  5 Don Van Natta, Jr., “Campaign Finance: Raising the Money; Party Officials Orchestrated White House Sleepovers,” New York Times, October 4, 1997.

  6 Don Van Natta, Jr., “Campaign Finance: Raising the Money; Party Officials Orchestrated White House Sleepovers,” New York Times, October 4, 1997.

  7 Alan C. Miller and Mark Gladstone, “White House Events Raised Cash For Health Care Fight,” Los Angeles Times, April 4, 1997.

  8 Alan C. Miller and Mark Gladstone, “White House Events Raised Cash For Health Care Fight,” Los Angeles Times, April 4, 1997.

  9 Don Van Natta, Jr., “Campaign Finance: Raising the Money; Party Officials Orchestrated White House Sleep overs,” New York Times, October 4, 1997.

  10 Transcript of President Clinton’s Press Conference (Part 3 of 5), U.S. Newswire, March 7, 1997.

  11 Alison Mitchell, “White House Kept Close Tabs on Cash Raised at Coffees,” New York Times, March 23, 1997.

  12 Don Van Natta, Jr., “Democratic Math at a Coffee: 10 Texans and $500,000 Goal,” New York Times, February 28, 1997.

  13 Glenn F. Bunting and Ralph Frammolino, “Cash-for-Coffee Events at White House Detailed,” Los Angeles Times, February 24, 1997.

  14 Don Van Natta, Jr., “Courting Donors: Party Workers,” New York Times, February 26, 1997.

  15 Don Van Natta, Jr., “Courting Donors: Party Workers,” New York Times, February 26, 1997.

  16 It is not altogether clear on what issues the bankers might have wished to lobby Ludwig about. His spokeswoman, Lee Cross, said he might have wished to brief them on changes in banking regulations that had taken place over the previous six months. That sort of reverse lobbying—where the government official is presenting his views to the interested private citizen, not vice versa—is unobjectionable. But there were other issues on which the bankers might have wanted to lobby the administration. The Reuters Financial Service noted in its February 7, 1997, report on the Ludwig coffee that at the time it took place, House Banking Committee Chairman Jim Leach was supporting a bill to make the Federal Reserve the primary regulator for financial services companies. Ludwig was opposed. Did the bankers have a view that they might have wanted to put to him?

  17 Glenn F. Bunting and Ralph Frammolino, “Cash-for-Coffee Events at White House Detailed,” Los Angeles Times, February 24, 1997.

  18 Glenn F. Bunting and Ralph Frammolino, “Cash-for-Coffee Events at White House Detailed,” Los Angeles Times, February 24, 1997.

  19 Howard Fineman and Michael Isikoff with Karen Breslau, Daniel Klaidman, and Lucy Shackelford, “Strange Bedfellows,” Newsweek, March 10, 1997.

  20 Evans v. United States, 504 U.S. 255,258 (1992).

  21 Campaign Finance Investigation Senate Governmental Affairs Committee, Chairman Senator Fred Thompson, Federal News Service, September 19, 1997 (testimony of R. Warren Meddoff).

  22 William Raspberry, “Too Crass for Comfort,” Washington Post, February 27, 1997.

  CHAPTER 18

  1 Thomas Corcoran at O’Connor’s firm has said under oath that on the next day, April 25, O’Connor told him about his successful buttonholing of the president and conversation with Lindsey.

  2 George Lardner, Jr., “Wisconsin Tribes Press for Withheld White House Papers,” Washington Post, November 30, 1997.

  3 Hearing of the House Government Reform and Oversight Committee, Interior Department Indian Casino Decision Chaired by Representative Daniel Burton, Federal News Service, January 28, 1998.

  4 House Hearings Before the Committee on Government Reform and Oversight, on the Department of the Interior’s Denia
l of the Wisconsin Chippewa’s Casino Applications, Vol. I, 914.

  5 George Lardner, Jr., “Lobbyist Contradicted Babbitt Aide on Casino,” Washington Post, March 11, 1998.

  6 This is the meeting Patrick O’Connor mentioned in his May 8 letter to Harold Ickes.

  7 This was according to documents produced in the civil litigation arising out of the casino dispute.

  8 Hearing of the Senate Governmental Affairs Committee, Chaired by Senator Fred Thompson, Federal News Service, September 9, 1997.

  9 Don Van Natta, Jr., “Babbitt Attended Political Session Days Before the Initial Decision on a Casino,” New York Times, February 21, 1998. This part of Babbitt’s schedule was not disclosed until February 1998.

  10 Don Van Natta, Jr., “Babbitt Attended Political Session Days Before the Initial Decision on a Casino,” New York Times, February 21, 1998.

  11 James Rowley, “Lawyer Quotes Babbitt Saying White House Ordered Casino Decision “ Associated Press, October 30, 1997.

  12 James Rowley, “Lawyer Quotes Babbitt Saying White House Ordered Casino Decision“ Associated Press, October 30, 1997.

  13 Don Van Natta, Jr., and Jill Abramson, “Web of Influence,” New York Times, January 11, 1998.

  14 “Statement by Interior Secretary Bruce Babbitt,” Federal Document Clearing House, Inc., February 11, 1998.

  15 Hearing of the Senate Governmental Affairs Committee, Chaired by Senator Fred Thompson, October 8, 1997.

  16 George Landow, Jr., “Lobbyist Contradicted Babbitt Aide on Casino,” Washington Post, March 11, 1998.

  17 House Hearings before the Committee on Government Reform and Oversight, Exhibits 356-1-356-59.

  CHAPTER 19

  1 Maureen Dowd, “Liberties: Something Sacred, After All,” New York Times, November 22, 1997.

  2 Maureen Dowd, “Liberties: Something Sacred, After All,” New York Times, November 22, 1997.

  3 Bob Woodward, “Findings Link Clinton Allies to Chinese Intelligence,” Washington Post, February 10, 1998.

  4 Bob Woodward, “Findings Link Clinton Allies To Chinese Intelligence,” Washington Post, February 10, 1998.

  5 Bob Woodward, “Findings Link Clinton Allies To Chinese Intelligence,” Washington Post, February 10, 1998.

  6 Ivan Tong, “China Resources to Acquire 50pc Stake in Bank,” South China Morning Post, July 17, 1993.

  7 Jeff Gerth and Stephen Labaton, “Wealthy Indonesian Businessman Has Strong Ties to Clinton,” New York Times, October 11, 1996.

  8 The three-page letter, marked “personal and confidential,” was released by the White House on December 3, 1996.

  9 Jim Mann and Glenn F. Bunting, “Clinton Aided Indonesia Regime,” Los Angeles Times, October 16, 1996.

  10 Jim Mann and Glenn F. Bunting, “Clinton Aided Indonesia Regime,” Los Angeles Times, October 16, 1996.

  11 Jim Mann and Glenn F. Bunting, “Clinton Aided Indonesia Regime,” Los Angeles Times, October 16, 1996.

  12 “Excerpts From Interview with Clinton: ‘Global Economy’ and the U.S.,” New York Times, November 16, 1996.

  13 Jim Mann and Glenn F. Bunting, “Clinton Aided Indonesia Regime,” Los Angeles Times, October 16, 1996.

  14 James Rowley, “Reno Doesn’t Budge on Campaign Probe,” Associated Press, April 30, 1997.

  15 This information was not admitted to congressional investigators until January 1997, in response to repeated letters from House Rules Committee Chairman Gerald Solomon (R-NY). At one point, Solomon even wrote directly to President Clinton, deploring this pattern of stalling, stonewalling, and obstructing justice. Eventually then-Commerce Secretary Mickey Kantor released a large batch of documents relating to Huang’s activities at Commerce, and described the weekly intelligence briefings in a cover letter to Solomon.

  16 Letter from Commerce Department Chief Financial Officer Raymond G. Kammer, Jr., to House Rules Committee Chairman Gerald Solomon, dated January 28, 1997.

  17 Hearing of the Senate Governmental Affairs Committee, Chaired by Senator Fred Thompson, Federal News Service, July 16, 1997.

  18 James Risen and Alan C. Miller, “Huang’s Security Status Raises New Questions,” Los Angeles Times, June 17, 1997. On December 12, 1995, the Pentagon’s Defense Industrial Security Clearance Office granted Huang a “consultant top-secret” clearance without running a new background check.

  19 Kenneth R. Timmerman, “All Roads Lead to China,” The American Spectator, March 1997.

  20 According to Commerce Department spokesmen, Huang’s application for government employment as well as his applications for security clearances listed his birthdate as April 14, 1945. Yet, on two consecutive days, May 15 and May 16, 1995, Huang signed visa applications for South Korea and China (the country of his birth) legally certifying that his birthdate was in fact April 14, 1941.

  21 On October 9, 1996, Assistant White House Counsel Mark Fabiani described the meeting as “an informal chat.” On October 14, 1996, the Los Angeles Times reported that Fabiani referred to both the April 1993 meeting among the president, Riady, and Huang and the September 13, 1995, meeting as “meet and greet” social visits. On October 16, 1996, the Times reported that “one of Clinton’s senior advisers, Bruce Lindsey, said he had been present for two meetings between Riady and Clinton in the past two years, including one in the last few months. ‘It was basically a social visit,’ Lindsey said.”

  22 James Risen and Alan C. Miller, “Huang’s Security Status Raises New Questions,” Los Angeles Times, June 17, 1997. On December 12, 1995, the Pentagon’s Defense Industrial Security Clearance Office granted Huang a “consultant top-secret” clearance without running a new background check.

  23 William C. Rempel and Alan C. Miller, “First Lady’s Aide Solicited Check to DNC, Donor Says,” Los Angeles Times, July 27, 1997.

  24 James Sterngold, “White House Aide Pushes Plan Benefiting Chinese Shipping Concern,” New York Times, May 9, 1997.

  25 This was apparently in response to a request from Chairman Solomon of the House Rules Committee.

  26 David Johnston, “FBI Denied Data the White House Sought on China,” New York Times, March 25, 1997.

  27 At a press conference on Friday February 6, 1998, CNN’s Wolf Blitzer asked President Clinton, “Monica Lewinsky’s life has been changed forever—her family’s life has been changed forever. I wonder how you feel about that and what, if anything, you’d like to say to Monica Lewinsky at this minute?” “That’s good,” the president said. “That’s good, but at this minute, I’m going to stick with my position in not commenting.”

  28 Clinton said of Riady, “[I]f I said to him, I want a good, strong, positive relationship with China, and my objective is to engage China, not to isolate it… it wouldn’t surprise me if he said that to somebody the next time he was in China because I expect that to be done by—I mean, a lot of times I do it deliberately knowing that it would be communicated.” “Excerpts from Interview with Clinton: ‘Global Economy’ and the U.S.,” New York Times, November 16, 1996.

  29 U.S. Senate Committee on Governmental Affairs, Hearing on Investigations into Fund-raising Activities During the 1996 Elections, Tuesday, July 8, 1997, FDCH Political Transcripts (1997).

  30 Sandy Grady, “The Chinese Commies Are Coming!” Miami Herald, July 13, 1997.

  31 U.S. Senate Committee on Governmental Affairs, Hearing on Investigations into Fund-raising Activities During the 1996 Elections, Tuesday, July 8, 1997, FDCH Political Transcripts (1997).

  32 U.S. Senate Committee on Commerce, Science, and Transportation, Hearing on NASA’s FY 1998 Budget Request, Thursday April 24, 1997, FDCH Political Transcripts (1997) (Testimony of Marcia S. Smith, Specialist in Aerospace and Telecommunications Policy).

  33 Earl Lane, “John Glenn Rides Again/Spot Saved for Him on Oct. Shuttle,” Newsday, January 16, 1998.

  34 Jeff Gerth, “Democrat Fund-Raiser Said to Detail China Tie,” New York Times, May 15, 1998.

  35 Editorial, “China Deal for Campaign Cash
?” Investor’s Business Daily, May 6, 1998.

  36 Jeff Gerth, “Companies Are Investigated for Aid to China on Rockets,” New York Times, April 4, 1998.

  37 A few months later, this exchange occurred at a press briefing:SARAH MCCLENDON: Mr. President, it looks as if you’re getting ready to sign an agreement with China which would give them help and some of our secrets and not just be a friendly thing. Would you sign this without the American people having had wide discussion over this and debate on—don’t you need approval of Congress? Would you just go ahead and sign this, because, after all, that’s one of our greatest contemporary enemies, is China?

  CLINTON: Well, Sarah, I’m not sure I know the specific issue you’re referring to, but I—I would not make any agreements with China in secret and they would be subject to the knowledge of the Congress and the debate of the American people.

  White House Press Conference April 30, 1998.

  38 Editorial, “China Deal For Campaign Cash?” Investor’s Business Daily, May 6, 1998.

  39 Editorial, “China Deal For Campaign Cash?” Investor’s Business Daily, May 6, 1998.

  40 Editorial, “The Sanctity of Missile Secrets,” New York Times, April 15, 1998.

  41 CNN’s Larry King Live, February 15, 1996.

  42 Maureen Dowd, “Liberties: Something Sacred, After All,” New York Times, November 22, 1997.

  43 Federalist No. 64, at 396 (John Jay).

  CHAPTER 20

  1 Federalist No. 57, (James Madison).

  2 Federalist No. 64, at 391 (John Jay). Jay was referring to the electoral college.

  3 The process of selection Hamilton praises is the electoral college—not the popular election the electoral college has become. “It was equally desirable that the immediate election should be made by men most capable of analyzing the qualities adapted to the station and acting under circumstances favorable to deliberation…. A small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to so complicated an investigation.” Federalist No. 68, at 412. Still the desideratum of a man of virtue for the office of the president can hardly be disputed.