424. Two federal criminal statutes, Sections 1512 and 1503 of Title 18 of the United States Code, prohibit misleading potential witnesses with the intent to influence their grand jury testimony. Section 1512 provides that whoever "corruptly . . . engages in misleading conduct toward another person, with intent to -- (1) influence, delay, or prevent the testimony of any person in an official proceeding . . . shall be fined under this title or imprisoned not more than ten years, or both." 18 U.S.C. § 1512(b). It is no defense to a charge of witness tampering that the official proceeding had not yet begun, nor is it a defense that the testimony sought to be influenced turned out to be inadmissible or subject to a claim of privilege. 18 U.S.C. § 1512(e).

Section 1503 provides that whoever "corruptly or by threats or force . . . influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due administration of justice" has committed a felony. 18 U.S.C. § 1503(a)-(b).

The Governor of Guam was convicted of witness tampering for lying to a potential witness "intending that [the witness] would offer [the Governor's] explanation concerning the [illegally used] funds to the FBI." United States v. Bordallo, 857 F.2d 519, 525 (9th Cir. 1988), amended on other grounds, 872 F.2d 334 (9th Cir.), cert. denied, 493 U.S. 818 (1989).

425. Podesta 2/5/98 GJ at 13. Mr. Podesta has served as Deputy Chief of Staff since January 1997, and previously served as Staff Secretary for the Clinton Administration from 1993 through 1995. Podesta 2/5/98 GJ at 9-10.

426. Podesta 6/16/98 GJ at 84-85.

427. Id. at 85.

428. Id.

429. Id. at 92 (emphasis added).

430. Mr. Podesta dated this conversation as perhaps taking place on January 23, 1998. Podesta 6/16/98 GJ at 88.

431. Id. at 88.

432. Mr. Podesta testified that he was "sensitive about not exchanging information because I knew I was a potential witness." Podesta 6/23/98 GJ at 79.

433. Podesta 6/16/98 GJ at 94; see also Podesta 6/23/98 GJ at 79.

434. See id. at 79 (emphasis added).

435. Podesta 6/23/98 GJ at 77-78.

436. Bowles 4/2/98 GJ at 12. Mr. Bowles has been the Chief of Staff for President Clinton since January 20, 1997. Id.

437. Id. at 83-84 (emphasis added).

438. Id. at 91.

439. Blumenthal 2/26/98 GJ at 4-5.

440. Blumenthal 6/4/98 GJ at 46-53.

441. Blumenthal 6/4/98 GJ at 49 (emphasis added).

442. Blumenthal 6/25/98 GJ at 41.

443. Blumenthal 6/4/98 GJ at 50.

444. Blumenthal 6/25/98 GJ at 27.

445. Blumenthal 6/4/98 GJ at 52 (emphasis added).

446. Blumenthal 6/25/98 GJ at 17. See also Blumenthal 6/25/98 GJ at 26 ("My understanding was that the accusations against him which appeared in the press that day were false, that he had not done anything wrong").

447. Ickes 7/23/98 GJ at 8. Mr. Ickes worked as Deputy Chief of Staff for President Clinton from early 1994 through January 1997. Id.

448. Ickes 6/10/98 GJ at 21-22, 66 (meeting occurred on Monday following the week that the media first reported the Lewinsky story).

449. Ickes 6/10/98 GJ at 73 (emphasis added). See also Ickes 8/5/98 GJ at 88 ("[H]e denied to me that he had had a sexual relationship. I don't know the exact phrase, but the word 'sexual' was there. And he denied any obstruction of justice").

450. Ickes 6/10/98 GJ at 73.

451. Clinton 8/17/98 GJ at 105-109 (emphasis added).

452. Id. at 107.

453. 1512-DC-00000037.