A. January 7 Sexual Encounter

According to Ms. Lewinsky, she and the President had another sexual encounter on Sunday, January 7, 1996. Although White House records do not indicate that Ms. Lewinsky was at the White House that day, her testimony and other evidence indicate that she was there.⁽²⁰²⁾ The President, according to White House records, was in the Oval Office most of the afternoon, from 2:13 to 5:49 p.m.⁽²⁰³⁾

According to Ms. Lewinsky, the President telephoned her early that afternoon. It was the first time he had called her at home.⁽²⁰⁴⁾ In her recollection: "I asked him what he was doing and he said he was going to be going into the office soon. I said, oh, do you want some company? And he said, oh, that would be great."⁽²⁰⁵⁾ Ms. Lewinsky went to her office, and the President called to arrange their rendezvous:

[W]e made an arrangement that . . . he would have the door to his office open, and I would pass by the office with some papers and then . . . he would sort of stop me and invite me in. So, that was exactly what happened. I passed by and that was actually when I saw [Secret Service Uniformed Officer] Lew Fox who was on duty outside the Oval Office, and stopped and spoke with Lew for a few minutes, and then the President came out and said, oh, hey, Monica . . . come on in . . . . And so we spoke for about 10 minutes in the [Oval] office. We sat on the sofas. Then we went into the back study and we were intimate in the bathroom.⁽²⁰⁶⁾

Ms. Lewinsky testified that during this bathroom encounter, she and the President kissed, and he touched her bare breasts with his hands and his mouth.⁽²⁰⁷⁾ The President "was talking about performing oral sex on me," according to Ms. Lewinsky.⁽²⁰⁸⁾ But she stopped him because she was menstruating and he did not.⁽²⁰⁹⁾ Ms. Lewinsky did perform oral sex on him.⁽²¹⁰⁾

Afterward, she and the President moved to the Oval Office and talked. According to Ms. Lewinsky: "[H]e was chewing on a cigar. And then he had the cigar in his hand and he was kind of looking at the cigar in . . . sort of a naughty way. And so . . . I looked at the cigar and I looked at him and I said, we can do that, too, some time."⁽²¹¹⁾

Corroborating aspects of Ms. Lewinsky's recollection, records show that Officer Fox was posted outside the Oval Office the afternoon of January 7.⁽²¹²⁾ Officer Fox (who is now retired) testified that he recalled an incident with Ms. Lewinsky one weekend afternoon when he was on duty by the Oval Office:⁽²¹³⁾

[T]he President of the United States came out, and he asked me, he says, "Have you seen any young congressional staff members here today?" I said, "No, sir." He said, "Well, I'm expecting one." He says, "Would you please let me know when they show up?" And I said, "Yes, sir."⁽²¹⁴⁾

Officer Fox construed the reference to "congressional staff members" to mean White House staff who worked with Congress -- i.e., staff of the Legislative Affairs Office, where Ms. Lewinsky worked.⁽²¹⁵⁾

Talking with a Secret Service agent posted in the hallway, Officer Fox speculated on whom the President was expecting: "I described Ms. Lewinsky, without mentioning the name, in detail, dark hair -- you know, I gave a general description of what she looked like."⁽²¹⁶⁾ Officer Fox had gotten to know Ms. Lewinsky during her tenure at the White House, and other agents had told him that she often spent time with the President.⁽²¹⁷⁾

A short time later, Ms. Lewinsky approached, greeted Officer Fox, and said, "I have some papers for the President." Officer Fox admitted her to the Oval Office. The President said: "You can close the door. She'll be here for a while."⁽²¹⁸⁾