An Affair of State: The Investigation, Impeachment, and Trial of President Clinton

By Richard A. Posner | Go to book overview

CHAPTER 1 The President's Conduct

The Facts

Monica Lewinsky, age twenty-one, fresh out of college, and attractive, aggressive, monied, and sexually experienced, became an unpaid White House intern in July 1995.1 She and the President soon began flirting, though at first from a distance because as an intern she had no opportunity to get close to him. But in November, in consequence of a government shutdown caused by a budget standoff between the President and the Republican-controlled Congress, interns were assigned to work in the West Wing, where the Oval Office is located. Lewinsky had by this time turned twenty-two and been hired into a regular though low- level job in the White House. But the paperwork for the new job had not been completed, and so technically she was still an intern.

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1
My account is based partly on the Starr Report (technically, the Independent Counsel's "referral" to the House of Representatives), but more on the five volumes (some 8,000 pages, many in a condensed format that requires the aid of a magnifying glass to read) that the House Judiciary Committee published of excerpts, edited by the Committee, from the even more voluminous supporting evidence (much of it grand jury testimony) that Starr had submitted to it. See Referral from Independent Counsel Kenneth W. Starr, H. Doc. No. 310, 105th Cong., 2d Sess. ( Sept. 11, 1998) (the "Starr Report"); Appendices to the Referral to the U.S. House of Representatives, H. Doc. No. 311, 105th Cong., 2d Sess. ( Sept. 18, 1998); Supplementary Materials to the Referral to the U.S. House of Representatives, H. Doc. No. 316, 105th Cong., 2d Sess. ( Sept. 28, 1998). The rebuttals to the Starr Report issued by the President's lawyers focused on legal issues and on the conduct of the investigation. They made relatively little effort to rebut the strictly factual allegations in the report, although they did quarrel--and with some justification, as we shall see--with a number of the inferences that the Independent Counsel and the House drew from those allegations.

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An Affair of State: The Investigation, Impeachment, and Trial of President Clinton
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Dramatis Personae vii
  • Chronology ix
  • Introduction 1
  • Chapter 1 the President's Conduct 16
  • Chapter 2 Prosecution and Defense 59
  • Chapter 3 the History, Scope, and Form of Impeachment 95
  • Chapter 4 Morality, Private and Public 133
  • Chapter 5 Should President Clinton Have Been Impeached, and If Impeached Convicted? 170
  • Chapter 6 the Kulturkampf 199
  • Chapter 7 Lessons for the Future 217
  • Chapter 8 the Balance Sheet 262
  • Acknowledgments 267
  • Index 269
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