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| THE PRESIDENT'S DEFENSE | |
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The following is the 184-page document prepared by White House lawyers and the president's personal attorneys to rebut the charges being levied by the House Judiciary Committee in its impeachment inquiry. |
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TO THE COMMITTEE ON THE JUDICIARY OF THE UNITED STATES HOUSE OF REPRESENTATIVES December 8, 1998 PREFACE
In addition to the factual, legal and Constitutional defenses we present in this document, the President has asked us to convey a personal note: What the President did was wrong. As the President himself has said, publicly and painfully, "there is no fancy way to say that I have sinned." The President has insisted that no legalities be allowed to obscure the simple moral truth that his behavior in this matter was wrong; that he misled his wife, his friends and our Nation about the nature of his relationship with Ms. Lewinsky. He did not want anyone to know about his personal wrongdoing. But he does want everyone -- the Committee, the Congress and the country -- to know that he is profoundly sorry for the wrongs he has committed and for the pain he has caused his family, his friends, and our nation. But as attorneys representing the President in a legal and Constitutional proceeding, we are duty-bound to draw a distinction between immoral conduct and illegal or impeachable acts. And just as no fancy language can obscure the fact that what the President did was morally wrong, no amount of rhetoric can change the legal reality that the record before this Committee does not justify charges of criminal conduct or impeachable offenses. The Framers, in their wisdom, left this Body the solemn obligation of determining not what is sinful, but rather what is impeachable. The President has not sugar-coated the reality of his wrongdoing. Neither should the Committee ignore the high standards of the Constitution to overturn a national election and to impeach a President. TABLE OF CONTENTS I. INTRODUCTION III. THE CONSTITUTION REQUIRES PROOF OF OFFICIAL MISCONDUCT FOR IMPEACHMENT IV. THE CONSTITUTION REQUIRES CLEAR AND CONVINCING EVIDENCE TO APPROVE ARTICLES OF IMPEACHMENT V. THE COMMITTEE SHOULD NOT RELY ON THE REFERRAL’S ACCOUNT OF THE EVIDENCE VI. THE PRESIDENT DID NOT COMMIT PERJURY VII.THE PRESIDENT DID NOT OBSTRUCT JUSTICE VIII. THE PRESIDENT DID NOT ABUSE POWER IX. CONCLUSION |
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