To: Greenpeace who wrote (17002 ) 7/19/1998 6:21:00 PM From: Catfish Respond to of 20981
CLINTON ERODING RULE OF LAW Toronto Sun July 19, 1998 MICHAEL HARRIS The garter-belt is tightening around Slick Willy's presidential neck. But what is less obvious, and far more sinister for the world's greatest democracy, is the rift growing between those who support the rule of law and those who believe in presidential privilege. The media have become the battleground between champions of the Republic and fans of that Caesar with a southern drawl who thinks that his Palace Guard is above the law. Not even in the darkest days of Watergate did former president Richard Nixon put such stresses on seminal American institutions. What can the justice department be thinking? No one in the U.S. legal system believes in the so-called "protective function privilege" that Clinton's lawyers used to block members of the Secret Service from testifying in front of the Monica Lewinsky Grand Jury. The first person to reject justice department arguments favoring a protective privilege was a district federal court judge. After Judge Norma Holloway Johnson ruled that there was "no basis in law" for the imagined, and imaginary, privilege for the Secret Service, the administration filed an appeal. When a three-judge appeals panel upheld Judge Holloway Johnson's decision, the administration appealed again. This time they were rejected by a full 11-member appellate court, which was so unimpressed with the government's case that they ruled without calling for legal arguments. Finally, the justice department forced the issue all the way to the U.S. Supreme Court. They might as well have saved their partisan sophistry; Chief Justice William Rehnquist found that there would be no "irreparable harm" done by having the president's bodyguards answer the subpoenas of independent counsel Kenneth Starr. Attorney General Janet Reno comes out of this looking like the lady who shines Bill Clinton's shoes. Already sullied by questionable rulings touching the presidency, including her refusal to appoint an independent counsel over illegal political fundraising during the past federal election, Reno richly deserves the criticism that has come her way. It is one thing for the head of the Senate Judiciary Committee, Orrin Hatch, to accuse the administration of perverting the law for the benefit of Bill Clinton. After all, Hatch is a Republican and a political foe of the Democrats who might be expected to make hay out of the president's difficulties. But when an experienced appeals court judge such as Lawrence Silberman accuses the administration of "declaring war" on Kenneth Starr in order to "protect the president," it's time to start wondering whether Reno has outlived her usefulness as chief law officer of the United States. When Reno writes that having Secret Service agents testify in front of the grand jury would "gravely impair their ability to protect the president and likely lead to a national tragedy," she has abandoned the statute book and fundamental legal principles to take up the trade of presidential spin-doctoring. It is not just that her contention is ludicrous. If standing within eavesdropping distance of a president was all it took to prevent political assassination, John Kennedy would still be alive and Ronald Reagan never would have been shot. JUDICIAL PIMPING And does Reno really believe that if a Secret Service officer were privy to a presidential crime, his higher duty would be to protect the president rather than share his knowledge with a court of law? The truly appalling thing about Reno's appeal on behalf of the president is the repugnant principle on which it rests: That some Americans employed by the government ought to be exempted from the normal process of a criminal hearing. And why? The better to serve El Presidente? Just so completely has Bill Clinton politicized the administration of justice in the United States. And Attorney General Reno's judicial pimping for the president goes all the way down the line. The Secret Service clearly believes that its mission of protecting the president is a higher calling than the normal obligations of other American citizens. Despite the ruling of three separate courts and now the opinion of the head of the U.S. Supreme Court, the men who guard the president are treating their pending trip to the Lewinsky grand jury like mobsters who don't want to talk about it. PREPPY 21-YEAR-OLD How dare John Kotelly, who represents the chief of the president's plainclothes security detail, say that his client will refuse to answer questions on national security and solicitor/client privilege? That's not why Kenneth Starr wants to talk to Larry Cockell. He is not interested in breaching national security or finding out what Bill Clinton talked about with his lawyers last Jan. 17, as he rode the presidential limo to be deposed at the Paula Jones case. Starr is interested in those 37 trips to the White House that a preppy 21-year-old took after being transferred to the Pentagon for "immature and inappropriate behavior." He is interested in whether the president had a sexual affair with Monica Lewinsky, lied about it and then asked her to lie about it. In other words, he is interested in a criminal matter known as obstruction of justice. If any of the 11 Secret Service agents now subpoenaed by Starr know anything about that, it is their duty to tell the grand jury. Judging from their reaction to the Rehnquist decision, that will be an exercise in legal cat and mouse-isms, not a citizen doing his duty in a forthright manner. And that is the nub of the matter. While the Secret Service and the president mouth all the appropriate rhetoric about the rule of law, they are imperilling the judiciary by turning the Lewinsky Affair into a popularity contest between Bill Clinton and U.S. justice. Sadly, they are winning. With every court reversal suffered by Clinton, his deadly popularity creeps ever higher. And why not? The presidential propaganda machine has been stoked up against Kenneth Starr with devastating effect. While most Americans are happy to think of Starr as a vicious prosecutor out to get the president for political reasons, almost no one stops to consider the gaping hole in the White House strategy. If, as Bill Clinton says, he never had sex with Monica Lewinsky, why hasn't the Great Communicator simply told the nation what really happened? Demonizing the rule of law is such a poor alternative. freerepublic.com