By Jim Schutze
By Rachel Watts
By Lauren Drewes Daniels
By Anna Merlan
By Lee Escobedo
By Eric Nicholson
The secrets of Jones vs. Clinton are beginning to out, and in the darnedest manner: Through friendly fire.
On June 10, U.S. District Judge Susan Webber Wright released letters that Paula Jones' former lawyers, Joseph Cammarata and Gil Davis, sent their client last summer. The letters, which concern an attempted settlement with President Clinton, had been sent to Jones immediately before Davis and Cammarata withdrew as Jones' counsel.
Last week, Jones' current, Dallas-based lawyers filed a list of issues they will present to the 8th U.S. Circuit Court of Appeals. Along with legal challenges to Wright's decision in April to toss out Jones' sexual harassment case against the president, the Dallas firm of Rader, Campbell, Fisher & Pyke complained of Judge Wright's decision to release what they claim to be "confidential and privileged letters."
The resulting news reports suggested the letters show that Jones obstinately turned down a $700,000 settlement over the strong protests of Cammarata and Davis. Indeed, the letters indicate a heaping helping of venality on someone's part; among other tidbits, they assert that by settling, Jones can make a substantial sum of money from selling her story. They also charge that by "holding out for the apology that will never happen," Jones was changing tactics and litigating for an improper purpose: to "punish" Clinton.
Yet the news stories left several questions unanswered: Why had privileged letters gone to the judge in the first place? Why had she placed them under seal--so far under seal that Jones' new Dallas-based lawyers were never allowed copies? And why was a federal judge releasing privileged, sealed letters now, while the case was on appeal?
"Joseph [Cammarata] asked the judge to release those letters for the appeal," explains David Pyke, one of Jones' current lawyers. "Only Paula knew these letters existed. We never knew. We never saw them, and they weren't in the stuff we got from Joe.
"The judge's order [allowing Davis and Cammarata to withdraw as Jones' counsel] made some out-of-the-way remark about [Davis and Cammarata] being entitled to their fees. In our notice of appeal, we cited that as a potential issue in the appeal. When Joe [Cammarata] saw that, he hit the roof."
As a result, Cammarata and Davis intervened in Jones' appeal--against their former client. They asked Judge Wright to release their letters to Jones "in the interest of completeness." In other words, they protected their own interests at the expense of their former client.
The Dallas Observer has obtained two interesting pieces of this puzzle that have not previously surfaced--the contract between Paula Jones and Cammarata and Davis, and a transcript of the hearing at which Judge Wright allowed Davis and Cammarata to withdraw.
Together with the newly released letters, these documents show that the "settlement"--which may or may not have existed--broke down not so much over apologies as over the issue of Cammarata and Davis' fees. They also shed light on one of the central mysteries of Jones vs. Clinton: What are Paula Jones' motives? Finally, they suggest that seven months before she threw Jones' lawsuit out of court, Judge Wright was telegraphing her eagerness to be rid of the Paula Jones case.
Last August, the case of Jones vs. Clinton had reached a critical juncture.
That June, the U.S. Supreme Court had ruled that Jones could go to trial while President Clinton was in office. Though Jones' suit had been pending since 1994, by the end of last summer neither side had deposed any witnesses, the most expensive part of a lawsuit.
By the summer of 1997, Gil Davis and Joseph Cammarata had been on the case for three years. By their own reckoning, they had nearly $800,000 in attorney time in the case--no small matter for a two-lawyer shop. And they knew what was to come. Discovery would be brutal. Perhaps more importantly, they knew it would likely be fatal to any attempt to settle their client's case. When Jones' lawyers began subpoenaing women who might have had sexual relationships with Clinton, they reasoned, the White House would resist settling the case to avoid the appearance of a cover-up.
For her part, Jones apparently saw little reason to settle. She had waited three years for her day in court against Clinton, and wanted her apology. "[Y]ou need an affirmative explicit apology (presumably 'I'm sorry for my bad acts') and an admission of wrongdoing," her lawyers wrote on August 19, 1997, summarizing a conversation they had had with Jones. "You conceded you know the president will never strictly apologize for his conduct."
As Davis and Cammarata knew, Jones needed a reason to settle, so they used money as both carrot and stick. "You have received our bill for services rendered in this case through July 31, 1997...which totals, net after some payments, $759,870.40." They warn their client, repeatedly and in no uncertain terms, that she is on the hook for every dime. "You understand that a very large potential obligation will be yours for future fees and expenses."
The only problem is, it isn't clear that Paula Jones owed Davis and Cammarata a cent.
On May 5, 1994, when Davis and Cammarata took Jones' case, they were in a bit of a hurry. The statute of limitations on her claims would run out in three days. Not only did they have to draft a complaint with sufficient detail to strike fear in the White House, but they simultaneously had to negotiate with Bob Bennett, the president's counsel, who was attempting to stave off a suit.