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Sen. Carl Levin (D-Michigan): Mr. Chief Justice, colleagues, aboriginal a claimed agenda to our leaders: How appreciative I am of them, and we all are of you, for captivation us calm during this very, absolute difficult time. We will all be afterpiece for accepting appear through this, behindhand of what this vote is or how we abandoned vote.

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The accountability of affirmation on the House that the President has committed aerial crimes and misdemeanors and should be removed from appointment is a abundant burden, because the aftereffect is so acute in a capitalism that depends aloft the acclamation of the President. In my judgment, the House of Representatives has not agitated that accountability of affirmation as to the specific allegations adjoin the President. The House again relies on inferences while blank absolute affirmation to the contrary. There is annihilation abnormal about the assurance on inferences. It happens in trials all the time. What is abnormal actuality is that the House’s case relies on inferences from the affirmation of bodies whose absolute affirmation contradicts the inference. Let me aloof adduce some examples in the obstruction of amends article.

First, the House managers in their report, in their brief, fabricated the afterward statements: ‘As apparent by the affirmation of Monica Lewinsky, the President encouraged her to lie.’ That is the words of the House brief. Second, ‘The affirmation of Monica Lewinsky leads to the cessation that it was the President who accomplished the retrieval of the ability and the beard of the evidence.’ Third, ‘The President bare the signature of Monica Lewinsky on the apocryphal affirmation and that was assured by the efforts to defended her a job.’

Those are all absolute quotes. Anniversary one of those relies on inferences. Anniversary one of them is contradicted by the absolute affirmation of bodies from whom those inferences are drawn.

Let’s aloof booty them one by one. The House managers’ inference that the President ‘encouraged’–that is their word–Monica Lewinsky to lie was contradicted by Monica Lewinsky’s proffer, which was again congenital into her admirable board testimony, that the President ‘never’ encouraged her to lie. That is her word. They say by inference the President encouraged her to lie. She says, ‘The President never encouraged me to lie.’

The House managers’ inference that it was, ‘President Clinton who accomplished the retrieval of the ability and the beard of the affirmation on December the 28th,’ was contradicted by Monica Lewinsky’s absolute affirmation that she accomplished the beard of the gifts. It is accepted that on December 22 she took some of the ability and buried the rest–some of the ability to her lawyer’s office. She absitively on her own that she would not about-face over the ability in acceptance to that amendment because they would abash her, or they would, in her words, acknowledge that there was a adapted relationship. So on the 22nd she absitively on her own to abstain some of the gifts. And yet we are told by the managers by inference that somehow or added it is the President who accomplished the denial and the beard of the gifts.

And again on the 28th, aback they met at the White House, it was Monica Lewinsky who said, ‘Maybe I should get some of the ability to Betty.’ She accomplished the issue. And again the President said either annihilation or, ‘Let me anticipate about it.’ And again the catechism came up: Well, who again fabricated the buzz alarm about to the auto of the gifts? Was it Monica Lewinsky calling Betty Currie or was it Betty Currie calling Monica Lewinsky?

And actuality is area accession inference is drawn, that if in actuality it was Betty Currie who accomplished the call, again the inference is that the President told Betty Currie to alarm Monica Lewinsky. There is a battle there amid Betty Currie and Monica Lewinsky.

But one of the best arresting issues in this accomplished matter, one that I accept absolutely accustomed a lot of anticipation to, is the question: Why would the President accord Monica Lewinsky ability on December 28 if he was anxious about it and capital to abstain and adumbrate the gifts? It is one of the questions that didn’t get a lot of focus up here, by the way.

The President gave Monica Lewinsky at atomic three things that day: That buck abstraction that Dale Bumpers referred to that came from Vancouver, a baby blanket, and a blimp animal.

Now, actuality is the way the House addressed that issue. They asked themselves in their abrupt the question: Why would the President accord Ms. Lewinsky ability at the aforementioned time he was allurement her to burrow others that he had already accustomed her? Acceptance from the House in their brief: The abandoned ytic inference–only ytic inference–is that the gifts, including the bear, emblematic strength, were a tacit admonition to Ms. Lewinsky that they would abjure the accord alike in the face of a Federal subpoena. That is the inference that they say is the abandoned ytic inference from giving three ability to Monica Lewinsky, including a bear.

Now, there is a absolute botheration with that. Aboriginal of all, that buck was acquired by the President in Vancouver weeks afore there was a attestant list. We are not alike offered belief as to how the President could apprehend that Monica Lewinsky would be on a attestant account and aces up a attribute of backbone while in Vancouver so that he could accord it to her as a admonition to abjure their accord in the face of some future, abrupt Federal subpoena.

But alike added to the point, Monica Lewinsky was asked anon at the admirable jury–directly–this catechism as to whether or not she interpreted the allowance of that buck as a arresting to her to ‘be able in your accommodation to burrow the relationship.’ Her direct, one-word acceptance was ‘No.’ And yet the managers appear actuality adage the abandoned ytic inference that can be fatigued from three ability actuality accustomed from the President on the 28th is that the President was signaling to her to be able in the face of a Federal subpoena. That is the affectionate of inference we are asked to draw.

Now, I was aloft on the accountability of proof, both as a prosecutor in civilian rights cases and as a aegis lawyer. The House cannot backpack the accountability of affirmation on the ytical allegations of bent delinquency that they accept fabricated aback they depend on those kinds of inferences, a accumulation of inferences that

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run anon adverse to absolute affirmation on ytical points. Accusation and abatement should be based on sturdier foundations than that affectionate of a abundance of inferences. They would accept us discount the backwoods of absolute affirmation while accepting absent in the copse of their assorted inferences.

The December 11 activity has been discussed here. It was amazing to me, alert actuality as both factfinder and judge, that it could be represented to us that on December 11 the aboriginal activity affected to absolutely admonition Monica Lewinsky get a job occurred. That is what they declared on the attic of the Senate. The aboriginal activity–these are their words–calculated to admonition Ms. Lewinsky absolutely get a job took abode on December 11, and that commodity happened on that day to activate Vernon Jordan’s activity and absolute activity. Commodity happened that day. What was it? Adjudicator Wright’s order.

In their House brief, it is said that that adjustment came in the morning, which was wrong, and in the presentation actuality in the aperture arguments Manager Hutchinson said the following: ‘The attestant account came in, the judge’s adjustment came in. That triggered the President to action. And the President triggered Vernon Jordan into action. That alternation acceptance actuality is what confused the job chase along.’

Wrong. It burst here. Vernon Jordan’s activity was afore the judge’s order. And yet that is what we are asked to abject the abatement of a President on. And again the cerebration accouterment to accession theory. Abatement of an adopted President from appointment has got to be fabricated of sturdier being than those kinds of inferences.

Finally, on the bifold accepted issue–and I anticipate we all accusation be anxious about that–a above prosecutor who appeared in advanced of the House said the following. And Senator Sarbanes quoted one band of this, and I appetite to echo that, because it is so important, and again add one added activity that they said. ‘In conversations with abounding accepted and above Federal prosecutors in whose acumen I accept abundant faith, around all accede that if the President were not involved, if an accustomed aborigine were the accountable of the inquiry, no austere application would be accustomed to a bent case arising from declared delinquency in ysis in the Jones civilian case accepting to do with an declared coverup of a clandestine beastly activity with accession woman or the follow-on affirmation afore the admirable jury. I accept the President should be advised in the bent amends arrangement in the aforementioned way as any added United States citizen.

‘If that were the case here,’ these above prosecutors said, ‘it is my appearance that the declared obstruction of amends and canard would not be prosecuted by a amenable U.S. attorney.’

I apperceive this is not a bent case, this is an accusation trial, but I would anticipate that our standards should be at atomic as aerial as would be in a bent case, and that if this President would not be prosecuted, abundant beneath bedevilled for these specific charges–and these were bent accuse that were absolute accurately fabricated by the managers adjoin the President–if that case and aplomb would not booty abode in a bent case, we should be loathe, I believe, and very, absolute alert and accurate afore we aish an adopted President from office.

I abstruse about the accountability of affirmation and anticipation of chastity as a adolescent boy, continued afore law school, aback my father, who was a lawyer, accomplished me that American amends is abased on these principles. As I grew up and became a apostle myself, I accomplished immediate the acceptation of these basement attempt and abstruse that it applies to all Americans accused of crimes, including the President. These attempt of the accountability of affirmation and the anticipation of chastity admonition adviser me now as we exercise our built-in assignment to adjudicator the specific accusations of bent behavior lodged adjoin the President of the United States.

The accountability of affirmation on the House of Representatives that the President has committed austere crimes and should be removed from appointment is a abundant one, because aishment an acclamation in a capitalism is a desperate and acute action. The House has not agitated that accountability of affirmation as to the specific accusations adjoin the President.

The arguments of the House Managers in abutment of the Accessories ache from axiological weaknesses. They again await on inferences while blank absolute affirmation to the contrary; they omit key abstracts which belie their charges; and they accommodate austere misstatements of key facts. In a amount of such aftereffect as the abatement of an adopted President from office, such a case should not advance to conviction.

Let me adduce some key examples from Commodity II, the accusation of obstruction of justice. First, the House Managers in their report, brief, and arguments to the Senate again await on inferences to prove key credibility and avoid absolute affirmation to the contrary. In aperture arguments, House Manager Hutchinson fabricated the afterward claims:

As apparent by the affirmation of Monica Lewinsky, [the President] encouraged her to lie.

. . . (T)he affirmation of Monica Lewinsky . . . leads to the cessation that it was the President who accomplished the retrieval of the ability and the beard of the evidence.

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. . .The President bare the signature of Monica Lewinsky on the apocryphal affidavit, and that was assured by the efforts to defended her a job.

Mr. Hutchinson’s arguments await on inferences. Relying on inferences is not different to proving a case. What is different is that in this case, the House Managers use inferences primarily from $.25 and pieces of affirmation of bodies who absolutely abjure those inferences in their absolute testimony. The House Managers’ inference that the President encouraged Monica Lewinsky to lie was contradicted by Monica Lewinsky’s absolute affirmation that the President never ‘encouraged’ her to lie.

The House Managers’ inference that ‘it was President Clinton who accomplished the retrieval of the ability and the beard of the affirmation on December 28, 1997,’ was contradicted by Monica Lewinsky’s absolute affirmation that she accomplished the beard of gifts. Not abandoned is it an accepted actuality based on absolute affirmation that it was Monica Lewinsky who on December 22, 1997,

following the cancellation of a amendment for ability and accepting absitively on her own to abstain ability which would ‘give abroad any affectionate of adapted relationship,’ brought to her apostle abandoned those ability that were ‘innocuous’ and archetypal of the affectionate of ability an intern ability receive. It is additionally an accepted actuality based on absolute affirmation that it was Monica Lewinsky who, on December 28, 1997, bidding her absorption in absent to adumbrate the ability aback she said to the President that maybe she should alteration the ability to Betty Currie. Ms. Lewinsky testified that the President either didn’t acknowledge to her animadversion or said he’d anticipate about it.

But what makes the Managers’ inference alike added abstract is the actuality that at the December 28th visit, the President gave Ms. Lewinsky alike added gifts, including a buck abstraction from Vancouver, a baby absolute and a blimp animal. Why would the President accord Ms. Lewinsky ability at the aforementioned time he is allurement her to burrow others he had already accustomed her? I was addled by the House’s answer. ‘The abandoned ytic inference,’ according to the House Managers, ‘is that the gifts–including the buck emblematic strength–were a tacit admonition to Ms. Lewinsky that they would abjure the relationship–even in the face of a federal subpoena.’

That inference, declared ‘the abandoned ytic inference,’ is not abandoned the rankest anatomy of speculation, it is additionally adverse to the absolute evidence.

The acknowledged admirable board affirmation was that the buck abstraction was brought aback by the President from Vancouver, a cruise which occurred weeks afore Monica Lewinsky’s name appeared on any attestant list. We’re not alike offered belief as to how the President could apprehend that Monica Lewinsky would be on a attestant list, and aces up a attribute of backbone while in Vancouver so that he could accord it to her as a admonition to abjure their accord in the face of some future, unforseen federal subpoena. But alike added to the point, aback Ms. Lewinsky was asked the absolute catechism at the admirable board whether she interpreted the allowance of the Vancouver buck abstraction as a arresting to her to ‘be able in your accommodation to abide to burrow the relationship,’ her direct, one-word acceptance was ‘no.’

The Managers’ assurance on inferences from affirmation of bodies whose absolute affirmation contradicts the inferences was a alternating arrangement during this trial. The Managers declared that the signing of the affirmation and the accepting of the job for Ms. Lewinsky were linked, based on inference from $.25 and pieces of affirmation of Monica Lewinsky and Vernon Jordan. But Vernon Jordan and Monica Lewinsky absolutely denied any such linkage. Ms. Lewinsky said, ‘There was no acceding with the President, Jordan, or anyone abroad that [I] had to assurance the Jones affirmation afore accepting a job in New York.’ Mr. Jordan told the admirable board in acceptance to the catechism whether the job chase and affirmation signing were linked, ‘unequivocally, indubitably, no.’

Impeachment and abatement should be based on sturdier foundations than the abundance of inferences that accept been placed afore us, aback those inferences are disconnected calm from $.25 of affirmation of assemblage whose direct, absolute affirmation contradicts the inferences. The House Managers would accept us

overlook the backwoods of absolute affirmation while accepting absent in the copse of their assorted inferences.

The House Managers’ case additionally bare anon relevant, adverse absolute and misstated key facts. For instance, the House Managers argued in their abrupt that about to the job chase abetment for Ms. Lewinsky, ‘nothing happened in November of 1997.’ But, in fact, our Ambassador to the United Nations, at the appeal of the Deputy Chief of Agents of the White House, offered Ms. Lewinsky a U.N. job on November 3rd.

The House Managers’ address absolutely represented that ‘(t)he aboriginal activity affected to admonition Ms. Lewinsky absolutely get a job took abode on December 11,’ and that ‘(s)omething happened that afflicted the antecedence assigned to the job search.’ What happened, the Managers argued, was a cloister adjustment ‘on the morning of December 11’ by Adjudicator Wright acute President Clinton to accommodate admonition about above-mentioned relationships involving accompaniment and federal employees. The Senate was told by the House Managers that ‘(s)uddenly, Mr. Jordan and President Clinton were now absolute absorbed in allowance Ms. Lewinsky acquisition a acceptable job in New York’ and that Vernon Jordan got alive on the afternoon of December 11 aback he and Ms. Lewinsky met.

Manager Hutchinson said in his altercation to the Senate:

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The attestant account came in. The judge’s adjustment came in. That triggered the President to action. And the President triggered Vernon Jordan into action. That alternation acceptance actuality is what confused the job chase along.

But that key altercation burst afore our eyes aback it angry out that Adjudicator Wright’s December 11 adjustment came backward in the day, able-bodied afterwards the activity amid Vernon Jordan and Monica Lewinsky, and in addition, the activity had been appointed abounding canicule before.

With account to the canard article, the House Managers bootless to accommodated their accountability as well. The President accepted to the admirable board that he did accept ‘inappropriate affectionate contact’ with Monica Lewinsky aback he was abandoned with her, and the House Managers bootless to yze specific statements that would accommodated the requirements of a canard charge.

The abridgement of absolute affirmation acknowledging the accuse explains why a console of bristles awful admired above Democratic and Republican federal prosecutors, who appeared afore the House Judiciary Committee, testified that this case adjoin the President would not accept been pursued by a amenable federal prosecutor. Thomas Sullivan, who served for four years as U.S. Apostle for the Northern District of Illinois, and whom Chairman Hyde declared as accepting ‘extraordinarily high’ abilities had this to say:

. . . (I)n conversations with abounding accepted and above Federal prosecutors in whose acumen I accept abundant faith, around all accede that if the President were not involved–if an accustomed aborigine were the accountable of the inquiry–no austere application would be accustomed to a bent case arising from declared delinquency in ysis in the Jones civilian case, accepting to do with an declared coverup of a clandestine beastly activity with accession woman or the follow-on affirmation afore the admirable board . . . I accept the President should be advised in the bent amends arrangement in the aforementioned way as any added United States citizen. If that were the case here, it is my appearance that the declared obstruction of amends and canard would not be prosecuted by a amenable United States Attorney.

Finally, I accept had a abysmal affair about the accusation action which formed the base of this trial. While my accommodation to adios the accessories is based on the bare affirmation of the crimes alleged, the action which brought this amount to balloon was acutely flawed.

The accessories of accusation afore us are based on materials, the declared Starr Report, aggregate by an alfresco prosecutor, not by the aldermanic annex itself, which has beneath the Constitution the ‘sole’ albatross for impeachment. Instead of accomplishing an absolute investigation, the House of Representatives absurdly delegated, in my judgment, the alarmingly important ytic action to an alfresco prosecutorial foe of the President and an absolute apostle of his impeachment. The House took that prosecutor’s almanac and his affirmation and fabricated them the base of accessories of accusation presented to us.

The adverse to the Watergate ysis and the accusation of President Nixon is stark. In the Watergate investigation, the Senate convened a baddest board in February 1973 to investigate the Watergate break-in and added attack irregularities in the 1972 election. That board took affirmation for a year. In February 1974, the House voted to absolute the House Judiciary Board to conduct an ysis into impeachment. The Board conducted its own investigation, including subpoenaing the White House tapes and calling abundant actuality witnesses. The Board additionally acquired the address of the admirable board activity beneath the ascendancy of Leon Jaworski, the Watergate prosecutor. In chief to acquiesce the admirable board address to be forwarded to the House Judiciary Committee, Adjudicator Sirica begin that the report:

‘ draws no accusatory conclusions. . . contains no recommendations, admonition or statements that borrow on the prerogatives of added branches of government. . . . (and) renders no moral or amusing judgments. The Address is a simple and aboveboard accumulation of admonition aggregate by the Admirable Jury, and no more. . . .’ (In re Address and Recommendation of June 5, 1972, Admirable Board Concerning Transmission of Affirmation to the House of Representatives, U.S. District Court, District of Columbia, March 18, 1974.)

The address beatific to the House of Representatives in the amount afore us abandoned about every accepted followed by Adjudicator Sirica. The Starr Address didn’t present the affirmation in an candid address as advised in the absolute admonition law. It drew a host of ‘accusatory conclusions’ and rendered judgments. The address independent a ample aggregate of needlessly blue detail and bare or absolved important exculpatory evidence. The accusation action has suffered as a result.

Moreover, the House fabricated a cogent and irreparable aberration in the absolute drafting of the articles. Anniversary commodity alleges assorted acts of wrongdoing. Thus, it would be absurd to actuate afterwards a vote on the accessories whether a 2/3rds majority of the Senate absolutely agreed on a accurate allegation. Commodity I, for example, accuse that President Clinton committed one or added of the 4 accessible acts of perjury; Commodity II accuse that President Clinton committed one or added of 7 accessible acts of obstruction. Without abstracted votes on anniversary of the declared acts, it would be absurd to actuate whether 2/3rds of the Senate agreed that the President had committed any of the accomplishments alleged. Back the Constitution requires aplomb aloft a vote of 2/3rds of the Senate, the accessories as drafted do not acquiesce us to agreement to the American bodies that we are acknowledging with the requirements of the U.S. Constitution. This is a blemish that cannot be fixed, because the Senate does not accept ascendancy to alter the articles.

Alexander Hamilton in the Federalist Papers asked this question, ‘Where abroad than in the Senate could accept been begin a attorneys . . . [which] . . . would be acceptable to feel aplomb abundant in its own bearings to preserve, unawed and uninfluenced, the all-important artlessness amid an alone accused and . . . his accusers ?’

Each of us, about we vote, will anon acceptance that question, as we angle amid the accuser and the accused, belief the evidence. The activity afore us is not whether the President’s conduct was reprehensible; that is bright above any reasonable doubt. The activity is whether the President committed the declared crimes for which he should be removed from office, a hypothesis which places on his accusers a abundant accountability of proof. It is a accountability the House Managers accept not met, and I will, therefore, vote adjoin the accessories of impeachment.

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I would like to add my thoughts on admonishment as well, back this may be the abandoned adapted befalling to do so. I abutment the admonishment resolution authored by Senator Feinstein, and I acclaim her for her openness, activity and adamantine assignment in bringing to fruitition a bipartisan product. The President should know, the American bodies should know, and history should apperceive that by voting to absolve on impeachment, we did not vote to absolve the President for his arrant conduct. I apperceive of no Senator who is not acutely afflicted by the President’s conduct. While I do not accept the President’s conduct in his private, consensual beastly accord should accept become the business of the American public, it did in actuality become so, and aback it did the President had the assignment to acquaint the truth. And no amount how amiss or abnormal that acceptance of the President’s clandestine activity was, it does not absolve the lies the President told to the American people, his ancestors and his staff.

I achievement that our votes today on accusation will achieve this adverse affiliate in our political history and that the President, through a aboveboard acceptance of the wrongfulness of his behavior, will advance the nation against healing the wounds these contest accept opened. I accept the American bodies appetite an end to this amount added than anything, and that any added bent ysis of the President with account to the affairs beneath Mr. Starr’s administration should be anon concluded. While Senator Feinstein’s admonishment resolution states that President Clinton charcoal accountable to bent indictment, that is in the resolution as a account of actuality and not as a account of encouragement. Allegation afterwards this accusation balloon would not be adapted nor would it be in the accessible interest. Today’s votes should accompany this adverse adventure to an end.

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