WASHINGTON -- Monica Lewinsky received a sweeping grant of immunity from federal prosecution yesterday, in exchange for a promise to testify that she and President Clinton had agreed to deny that they had a sexual relationship, two lawyers familiar with her account said.

Clinton and Lewinsky have denied under oath that they had a sexual relationship. But in discussions leading to the immunity deal, Lewinsky told prosecutors this week that she and the president had a sexual relationship that began in 1995. The 25-year-old former White House intern now admits she lied in the sworn affidavit she submitted in the Paula Jones sexual misconduct suit in January.

One of the lawyers said yesterday that Lewinsky had indicated to prosecutors that the president discussed with her hypothetical explanations that would help them keep their relationship private. In one aside, two lawyers with knowledge of Lewinsky's proposed testimony said, the president told her: If there are two people in a room and something happens and they both deny it, there is no way to prove it. Lewinsky has said that Clinton told her that in mid-December, after she was listed on the witness list in the Jones case but before she had received a subpoena.

The admissions were crucial to reaching the broad immunity deal with independent counsel Kenneth W. Starr announced

yesterday. Lewinsky pledged her "full and truthful testimony" in exchange for freedom from the threat of prosecution. Her mother, Marcia Lewis, received a similar grant of immunity yesterday.

Under the immunity arrangement, Lewinsky is prepared to testify that the president told her that he planned to deny a relationship and that if they both denied it, no one would know the truth, the lawyers said.

Lewinsky is also prepared to say that the president encouraged her to say that her many visits to the White House after she lost her job there in 1996 were to see Betty Currie, Clinton's private secretary, and not the president himself, the lawyers said.

Clinton contradicted

Lewinsky's proposed testimony contradicts Clinton's assertions in public and under oath about their relationship.

In January, after the alleged affair became public, Clinton emphatically denied in a public statement having sexual relations with Lewinsky or encouraging her or anyone else to lie.

Clinton did not comment in public about the immunity agreement. His spokesman, Mike McCurry, said Clinton told aides he was "pleased that things are working out" for Lewinsky. The president had nothing more to say about the matter, McCurry said.

The immunity deal -- which protects Lewinsky from virtually any possibility of prosecution except for perjury in future grand jury testimony -- poses serious problems for Clinton if he has been less than truthful in previous public and sworn statements.

Lewinsky's assertions go beyond the question of whether they engaged in some form of sexual behavior and reach the marrow of Starr's inquiry.

Starr is seeking to learn whether Clinton or close advisers committed perjury, witness tampering or obstruction of justice in seeking to conceal his relationship with Lewinsky.

'Talking points'

The lawyers familiar with her account say Lewinsky is prepared to testify that she wrote the "talking points," a three-page document that she gave to her colleague, Linda R. Tripp, that were intended to influence Tripp's testimony in the Jones case. She also will testify that no one at the White House helped her prepare them, the lawyers said.

White House aides expressed jubilation at this development, saying that news accounts and allies of Starr had said the talking points would form the foundation of an obstruction of justice case against the president.

Starr spokesman Charles Bakaly refused to discuss Lewinsky's potential grand jury testimony.

The immunity deal came after months of negotiations between Lewinsky's lawyers and lawyers from Starr's office. William Ginsburg, the California medical malpractice lawyer who represented Lewinsky in the early months of the inquiry, openly mocked Starr's prosecution team and all but dared them to indict her.

Lewinsky's family dismissed Ginsburg in early June and her new legal team of experienced Washington defense lawyers quickly opened talks with Starr that led to yesterday's agreement.

Lewinsky's mother, whose grand jury testimony last winter was suspended after she broke down on the witness stand, also reached an immunity deal with prosecutors yesterday, said her lawyer, Billy Martin.

Starr wants Lewis' complete story because Lewinsky shared with her mother many details of her dealings with the president.

Lewis' lawyer sought immunity to protect her from any charges that might arise from advice she gave her daughter about how to respond to the Jones lawyers.

'No problem' for president

Clinton, McCurry said in a testy and abbreviated briefing for reporters, was not concerned about Lewinsky's impending testimony.

"Her lawyer said that she's going to give complete and truthful testimony and if she does, that should present no problem to the president," McCurry said.

McCurry said that he believed Clinton's earlier denials of a sexual relationship with Lewinsky.

If Lewinsky contradicts those denials, McCurry was asked, is she lying?

"Well, I would presume so, yes," he answered.

Lewinsky's account of her conversations with Clinton in which she said he urged her to deny a sexual relationship recall an account told by Gennifer Flowers during the 1992 presidential campaign. Flowers said Clinton told her to deny a relationship if reporters asked and that he would do the same and no witnesses could contradict them.

After years of denials, Clinton admitted in his January deposition the Jones case that he had had sex once with Flowers, in 1977.

Clinton's private lawyer, David Kendall, remained in negotiations with prosecutors over how the president would respond to a subpoena for his testimony. White House officials and others involved in the inquiry indicated that Clinton is seeking to delay his testimony for several weeks, citing the heavy demands of his office.

McCurry, seeking to justify the president's desire for delay, said, "He's going to be a busy guy. He's the president."

Kendall did not return telephone calls seeking comment. He was seen at the federal courthouse yesterday afternoon but the reason for his visit could not be learned.

In a scene that has become familiar since the sensational sex-and-perjury allegations became public in January, reporters gathered outside the office of Lewinsky's lead lawyer, Plato Cacheris, in Washington yesterday.

Lewinsky was escorted through the surging throng by Judy Smith, her spokeswoman. Lewinsky arrived in Washington yesterday morning after spending five hours with several of Starr's deputies in Manhattan on Monday reviewing her proposed testimony.

Cacheris and co-counsels Jacob Stein and Nathaniel Speights reached the immunity agreement with the office of the independent counsel yesterday morning.

Just before 2 p.m., Cacheris walked to the bank of microphones outside his office and delivered a brief statement.

Transactional immunity

"We, as counsel for Monica Lewinsky," Cacheris said, "reached an agreement today which provides that Ms. Lewinsky's full and truthful testimony is the basis for the OIC's grant of full transactional immunity from prosecution."

Transactional immunity is a rarely granted full guarantee that a witness cannot be prosecuted for any crime related to the matter under investigation, in exchange for full disclosure. But the witness could face perjury charges and a revocation of immunity if a prosecutor believes that the witness has lied about a material fact in sworn testimony.

Lewinsky's family is happy that she finally reached an immunity deal with prosecutors after six months of uncertainty about her status. There was frequent speculation that prosecutors would seek to indict her on perjury charges if she did not offer to testify fully on her relationship with Clinton.

'Out of harm's way'

Lewinsky's parents and stepfather are "relieved that their daughter is out of harm's way," Smith said yesterday.

At the federal courthouse yesterday, Tripp, one-time friend of Lewinsky, who tape-recorded 20 hours of their conversations, appeared before the grand jury for the seventh time.

Philip Coughter, Tripp's spokesman, said that she is expected to return to the grand jury today, perhaps for the last time. Coughter said that he interpreted the immunity agreement between Lewinsky and Starr as "corroboration of Linda's testimony before the grand jury."

'Tell the full truth'

He quoted Tripp as saying: "I am encouraged by this development. It now appears that Monica Lewinsky is prepared to tell at least a portion of the truth. I encourage her and all other witnesses not only to tell the truth, but to tell the full truth."

Three uniformed officers of the Secret Service also gave testimony; several other officers have been called to appear Thursday.

But Starr is apparently finished taking testimony from Larry Cockell, the plainclothes agent in charge of the Secret Service detail that guards the president.

Pub Date: 7/29/98