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Politics : Did Slick Boink Monica?
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To: DMaA who wrote (10172)3/9/1998 7:12:00 AM
From: Zoltan!  Read Replies (1) of 20981
 
>>If a proffer can be used against you, what is the point of a proffer?

I've heard dozens of times now that the proffer cannot be used against her.

Generally true according to the Rules of Federal Criminal Procedure and Rules of Evidence, but there is a big "if".

If you put your proffer into writing it must contain words governing its use as limited to conditions of the proffer and not for use as evidence later in a trial, otherwise it can be introduced. Apparently Monica's lawyer, the ubiquitous and loquacious William Ginsburg, did not use the proper "incantation" in his arrangement with the prosecutor to protect his client. (I guess he had more important things to discuss on CNN).

If those reports are true that Ginsburg failed to follow the proper procedure and use the proper words, then the proffer can be used against the person, Monica, on whose behalf it was proffered. That means the proffer locked Monica in without getting any immunity because Starr refused to accept the terms. Monica appears to be legal toast, it just matters have much Starr will need to burn her to get the unalloyed truth. (Remember, it is reported that in her proffer Monica admitted to all the sex with Clinton, but refused to detail who asked her to lie and who gave her the "talking points" to get Tripp to lie).

There are also reports that Judge Johnson last week read Ginsburg the riot act and told him to basically "shut up" and stop hurting his client by appearing on every TV show possible. Even Clinton-defender Lloyd Cutler pronounced on ABC's This Week yesterday that he used to think "Ginsburg was crazy as a fox. Now I think he's just crazy".
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