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Renewed trust, D.C. diplomacy led to Lewinsky's deal Ex-intern's new lawyers worked to build alliance with Clinton investigator

THE BALTIMORE SUN

WASHINGTON -- Disguised by a blond wig and sunglasses, Monica Lewinsky boarded a flight last Sunday in Los Angeles, beginning a 48-hour odyssey that transformed the legal and political dynamics of independent counsel Kenneth W. Starr's four-year investigation of President Clinton.

The next day in New York, Lewinsky met secretly with the independent counsel's team at an East Side apartment belonging to Starr's mother-in-law. After a five-hour debriefing and a late-night drive to Washington, the former White House intern signed an immunity deal Tuesday that freed her from legal peril. It also led Clinton to agree to testify at the White House on Aug. 17.

Lewinsky, who turned 25 on July 23, has moved a step closer to a cherished goal. "For my birthday," Lewinsky had told her family, "I want my life back."

In fact, that morning, Lewinsky was told by her new lawyers, Jacob Stein and Plato Cacheris, that Starr had called, breaking weeks of silence and offering to reopen immunity discussions.

The story of Lewinsky's six-month journey from target to cooperating witness was culled from more than a dozen interviews last week with lawyers involved in the investigation and associates and friends of the former White House intern.

Bond with female lawyer

The Starr-Lewinsky alliance was put together by a cast of lawyers. Lewinsky found a trusted mentor in Sydney Hoffman, a 46-year-old lawyer in Cacheris' firm, who was able to establish a bond with her and then lead a critical round of questioning that bolstered Lewinsky's credibility with Starr's team. Sam Dash, the former Senate Watergate counsel who has advised Starr on ethics issues, also played a pivotal role.

Two of the most important players were the seasoned criminal defense lawyers, Stein, 73, and Cacheris, 69, who have represented Lewinsky since June 2. The two Washington insiders broke a six-month deadlock produced by bad blood and broken promises between Starr's prosecutors and Lewinsky's first lawyer, William Ginsburg.

The negotiations opened with an offer from Starr that Lewinsky would be "queen for a day," the legal profession's term for an opportunity for the former White House intern to tell her story to prosecutors, but with a promise that nothing she said could be used against her if Starr remained unsatisfied with the level of her cooperation and declined to grant immunity.

The standoff began developing in January, when Lewinsky was questioned for hours by FBI agents and lawyers working for Starr. They threatened to prosecute her for perjury by using her taped conversation with a colleague, Linda R. Tripp, about having an affair with Clinton -- a relationship that she had denied in sworn testimony in the Paula Jones sexual misconduct suit.

The lawyers and agents told Lewinsky that she could avoid prosecution if she secretly tape-recorded her conversations with Betty Currie, the president's personal secretary, and with Clinton himself. Lewinsky declined.

Starr wanted to hear of lies

To defend his client, Ginsburg submitted a proffer -- a statement of expected testimony -- for Lewinsky that confirmed a sexual relationship with the president, according to lawyers familiar with her account. But the proffer did not say that Clinton or his allies had encouraged Lewinsky to lie under oath in the Jones case. That account did not satisfy Starr.

Starr then turned to other matters, spending months in protracted court battles with the White House. Meanwhile, Ginsburg publicly characterized Starr as someone who may have "ravaged the life of a youngster." And the distrust between Ginsburg and Starr's office grew so deep that all communication ceased.

Lewinsky herself was instrumental in the decision to dismiss Ginsburg, said lawyers familiar with the decision.

She was also relying on advice from spokeswoman Judy Smith, hired with the help of her mother's lawyer, Billy Martin. Martin and Smith, who is also a lawyer, helped guide Lewinsky in the choice of Stein and Cacheris.

In late June, Smith asked Cacheris whether his firm had any female lawyers. It did: Hoffman, a former assistant U.S. attorney and the lawyer who became a mentor to Lewinsky.

Stein and Cacheris decided that it was time for diplomacy. They paid a courtesy visit to Starr, whom both men knew through Washington legal circles.

Stein talked in tough but measured terms with Starr. "I have one good trial left in me," Stein told him, "and I'm going to put it at Monica's disposal."

Those words sent a clear message to Starr's prosecutors: Lewinsky was prepared to fight an indictment.

Stein's remark also increased the pressure for Starr to work out a deal with Lewinsky. Starr knew that if Lewinsky was indicted, trial would likely delay his final report for a year or longer. On July 21, Starr called Stein and suggested a meeting. The next day, Stein and Cacheris met at the independent counsel's office with Starr and Dash. Afterward, Stein and Cacheris sent a proffer letter that outlined what Lewinsky was prepared to say under oath.

It is not known what other evidence Starr has assembled, but Lewinsky could provide testimony that helps prove the president lied under oath and tried to obstruct justice. It was to Starr's advantage to have Lewinsky's account before he questioned Clinton.

Clinton's lawyer, David Kendall, clarified yesterday how the president will be questioned by the independent counsel's office at the White House. Kendall said the testimony will be carried on a one-way live feed to the grand jury and recorded on videotape for any jurors who are absent.

Deal hinged on trust

As it turned out, the new proffer was not that different from the one Ginsburg prepared, but the climate had changed.

"We trusted each other," Cacheris said, "and trust had been a problem in this case."

Starr responded with his "queen for a day" offer.

"They wanted it sooner rather than later," Cacheris said of Lewinsky's account. Stein and Cacheris told Lewinsky that meeting with Starr, given his time pressures, was "a favorable development."

The two sides agreed to meet last Monday in New York.

"She had nothing to lose," Cacheris said. "She could say what she wanted to say, as long as it was the truth."

Friends of Lewinsky said she was anguished over the prospect of testifying against the president, but an even greater worry weighed on her. She knew that her mother was also vulnerable to prosecution because she had kept her daughter's stained cocktail dress. Lawyers said that Lewinsky told prosecutors that the stain could provide evidence of a sexual encounter with Clinton.

"I think she has come to understand that she was going to assume responsibility for the portion of this that was her fault, and just tell the truth," a friend said. "If the presidency goes down, the president has to take responsibility for that."

Lewinsky told Stein and Cacheris that she was ready to talk to Starr.

Although Monday's five-hour meeting was held in the New York City apartment of Starr's mother-in-law, Starr was not present. Dash took a leading role in organizing the meeting, as he had in setting up negotiations with Starr.

While Dash eased the concerns of Lewinsky's lawyers, Hoffman, the lawyer in Cacheris' office, had grown close to Lewinsky, and she was able to make Lewinsky feel more at ease. Hoffman started the session by asking Lewinsky a series of questions.

After about 30 minutes, Starr's team -- Dash, William Bittman and Sol Wisenberg -- questioned Lewinsky. "There was no rancor," Stein said afterward. "It was congenial, dignified and, under the circumstances, it was elevated." An FBI agent took notes.

At 3: 30 p.m., Cacheris ended the meeting. That night, Starr left a message on Stein's answering machine. Lewinsky's performance had been deemed credible by his deputies. There was the basis for a transactional immunity agreement, which is full and blanket protection from prosecution unless prosecutors find that Lewinsky has lied to the grand jury.

On Tuesday, Cacheris and Stein went to Starr's office to pick up the immunity agreement, which Starr had signed. They brought it back to their offices, where Lewinsky signed it just before 2 p.m. Stein and Cacheris announced it with a one-sentence statement.

Immunity offered and taken

Then, and in a interview, Stein and Cacheris declined to discuss details of the agreement or Lewinsky's proffered testimony.

An agreement to grant transactional immunity to Lewinsky's mother was negotiated by her attorney, Billy Martin, with Starr.

Lewinsky is attending daily debriefings with Starr's prosecutors, which a friend said have been "grueling." She is preparing for her grand jury testimony, which is likely to occur this month and might last only a few days. She could be called to testify before the House Judiciary Committee if it holds impeachment hearings.

"She has been apprehensive about all of this," Stein said. "She is a bright person and is bright enough to know this is very serious business."

Pub Date: 8/02/98

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