Memorandum Of?ce of the Independent Counsel

 

To. Judge Starr Date 8/15/98
All Attorneys

From: Brett M. Kavanaugl?i?BK

Subject' Slack for the President?

After re?ecting this evening, I am strongly opposed to giving the President any ?break" in
the questioning regarding the details of the Lewinsky relationship unless before his questioning
on Monday, he either resigns or (ii) confesses perjury and issues a public apology to you. I
have tried hard to bend over backwards and to be fair to him and to think of all reasonable
defenses to his pattern of behavior. In the end, I am convinced that there really are none. The
idea of going easy on him at the questioning is thus abhorrent to me.

What has especially convinced me of the appropriateness of obtaining his and
complete" testimony regarding the precise details of the relationship are the sheer number of his
wrong?il acts. The President has disgraced his Of?ce, the legal system, and the American people
by having sex with a 22-year-old intern and turning her life into a shambles callous and
disgusting behavior that has somehow gotten lost in the shuf?e. He has committed perjury (at
least) in the Jones case. He has turned the Secret Service upside down. He has required the
urgent attention of the courts and the Supreme Court for frivolous privilege claims all to cover
up his oral sex from an intern. He has lied to his aides. He has lied to the American people. He
has tried to disgrace you and this Of?ce with a sustained propaganda campaign that would make
Nixon blush.

He should be forced to account for all of that and to defend his actions. It may not be
ourjob to impose sanctions on him, but it is Mjob to make his pattern of revolting behavior
clear piece by painful piece on Monday. I am mind?il of the need for respect for the Office

of the President. But in my view, given what we know, the interests of the Office of the President 

would be best served by our gathering the full facts regarding the actions of this President so that
the Congress can decide whether the interests of the Presidency would be best served by having a
new President. More to the point: Aren't we failing to ful?ll our duty to the American people if

we willingly "conspire" with the President in an effort to conceal the true nature of his acts?



In light of all ofthat, I suggest at least some questions along the following lines (I leave

 

the best phrasing to others).

Did you tell Monica Lewinsky that she should deny the nature of the relationship that you
and she had?

If Monica Lewinsky says that you agreed to lie about your relationship with her, would
she be lying?

Would Monica Lewinsky be lying if she said that you told her after her name appeared on
the witness list: "You could always say you were coming to see Betty or that you were bringing
me letters"?

If Monica Lewinsky says that you inserted a cigar into her vagina while you were in the
Oval Of?ce area, would she be lying?

If Monica Lewinsky says that you had phone sex with her on approximately 15 occasions,
would she be lying?

If Monica Lewinsky says that on several occasions in the Oval Of?ce area, you used your
?ngers to stimulate her vagina and bring her to orgasm, would she be lying?

If Monica Lewinsky says that she gave you oral sex on nine occasions in the Oval Of?ce
area, would she be lying?

If Monica Lewinsky says that you ejaculated into her mouth on two occasions in the Oval
O?ice area, would she be lying?

If Monica Lewinsky says that on several occasions you had her give her oral sex, made her
stop, and then ejaculated into the sink in the bathroom off the Oval Of?ce, would she be lying?

If Monica Lewinsky says that you masturbated into a trashcan in your secretary?s of?ce,
would she by lying?